Updated Extension of I-9 Flexibilities Through July 2023
Summary
What The Extension Means for Employers For the most part, the I-9 flexibilities will continue to be handled much the same until they are set to expire on July 31, 2022. However, a critical aspect of this point is that once in-person operations resume at a physical office location (meaning that any or all of the related employees are notified that they are required to return to in person work at the office site) the utilization of remote I-9 verification must cease entirely for that location and all employees who had previously utilized the virtual verification process must report to their employer’s office within three business days for an in-person verification of the identity and employment verification documents. However, as referenced above, in Section two of the Form I-9 the employer is required to note COVID-19 as the reason a physical inspection was not performed. Finally, the Form I-9 flexibilities do not preclude employers from commencing an in-person verification of the employee’s identity and employment eligibility documentation for those who were hired on or after March 20, 2020, and who originally presented their documents virtually. It is very important that the Human resources or operations team organize meetings with impacted employees to ensure the required steps to bring closure to the flexibilities and to stay in compliance with the I-9 rules.