DHS Extends Remote Verification of I-9 Documents to October 31, 2022

Melissa M. Gillespie, Business Contributor

DHS Extends Remote Verification of I-9 Documents to October 31, 2022

Melissa M. Gillespie, Vice President, HR Services, Hilb Group New England
Since March 2020, the Department of Homeland Security and US Citizenship and Immigration Services has extended a COVID-19 policy multiple times that allows employers to virtually verify new hires’ Form I-9 documents. DHS has again extended the updated compliance flexibilities until October 31, 2022.

The regulations specify, however, that employers are still responsible for physically verifying I-9 documents in person when operations return to normal and include instructions for documenting this physical verification on the Form I-9.

Summary

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Aside from the expiration date, all other terms of the temporary regulations remain in place. Employers need to note that this extension only applies to employers who continue to operate remotely due to COVID-19. Employers that have physically reopened their workplace must resume physical inspection of all I-9 documents. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.

 

Employer Next Steps

- Make your Human Resources team and all hiring managers aware of this extension.
- Continue tracking all employees whose I-9 documents are verified virtually so that you can physically inspect their documents when operations return to normal.
- Consider scheduling an I-9 audit after reverting to normal processes to ensure that all your Form I-9s have been updated correctly.
- Consider moving to a cloud-based I-9 platform.
- Monitor DHS’ and ICE’s Workforce Enforcement announcements about when the extensions end and normal operations resume.

Melissa M. Gillespie, Vice President, HR Services, Hilb Group New England, leads the company’s HR Services practice and is dedicated to simplifying the complexities of HR for clients.

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