During the pandemic, the government announced an I-9 compliance flexibility policy. The policy allows employers to obtain, remotely inspect, and retain copies of I-9 documents. In contrast, the usual policy requires in-person inspection of original documents. However, many business remain remote because of ongoing COVID-19 precautions. Thus, the government has extended the policy until July 31, 2023. This policy remains temporary.
The government encourages employers to begin the in-person verification of I-9 documentation for employees hired on or after March 20, 2020 if they originally presented documents for remote inspection. Once normal operations resume, all employees on-boarded using remote verification must report to their employer within 3 business days for in-person verification of their documents. Employers should have a plan in place if the flexibility policy abruptly comes to an end next July. Employers may face a short timeline to review the documents of a large number of employees hired over the past couple of years. Clients should let us know if they would like to seek consultation regarding I-9 compliance or internal I-9 audits.