Extension of I-9 Form Flexibility Until July 31, 2023

The US Department of Homeland Security (DHS) has announced a further extension of their own announced flexibility for employers in completing I-9 verification when onboarding employees.  The pronouncement extends this allowance until July 31, 2023.

The original DHS guidance from early in the pandemic (the original guidance impacted verification for4m April 1, 2021) allowed employers that were operating in a fully remote fashion due to Covid-19 restrictions to review eligibility confirmation paperwork remotely via video call, e-mail attachment , fax, etc. rather than the personal viewing of an original document as always previously required.

The original exemption was only intended to be temporary for as long as employees remained remote – as soon as employees began non-remote employment on a “regular, consistent, or predictable basis” (or until this guidance is terminated by DHS), the employer’s obligations to review original documents returns.  Even with this further extension for remote employees, any newly hired employee working in-office at a company site on a “regular, consistent, or predictable basis” must present original documents for review – even if in-office only part of the time.