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Form I-9 Flexibility Extended Through July 2023

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The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have once again extended their guidance that increases flexibility in Form I-9 compliance. The temporary guidance was set to expire on October 31, 2022, but will continue for another nine months and will now expire on July 31, 2023. This is the 14th time the guidance has been extended since its implementation in March 2020. 


What You Need to Know About Increased I-9 Flexibility 

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. Employers are required to complete an I-9 form for every worker they employ. For I-9 compliance, employers must examine an employee’s documentation to ensure that they’re genuine and related to the person presenting them. 
Normally, I-9 documentation is inspected in person, but in response to the stay-at-home orders and rise of remote work brought on by COVID-19, the rules were loosened to allow remote inspection via video link, fax, or email. Initially, only fully remote workplaces and employees were covered by the guidance, but its scope was broadened in April 2021 to cover employees working in a remote setting. The increased breadth of the guidance only applied to employees onboarded after its implementation. 
While the latest guidance extends the relaxed I-9 rules through next July, it also encourages employers to begin, “at their discretion,” in-person identity and employment eligibility verification for employees onboarded remotely. It also reminds employers to monitor the DHS and ICE websites for updates about when the extensions end and normal operations will resume.

History of Form I-9 Flexibility 

Increased I-9 flexibility is well-traveled ground for employers by now and is a topic we’ve covered extensively on the blawg:

Other Important I-9 Information 

Since Form I-9 is on the top of employers’ minds, it’s worth reiterating that, earlier in October, U.S. Citizenship and Immigration Services announced that employers should continue using the current Form I-9—despite its October 31, 2022 expiration date—until further notice. 

GoffWilson Immigration Law

GoffWilson Immigration Law is a leader in I-9 compliance and offers businesses valuable services ranging from comprehensive I-9 audits to providing informative I-9 training and seminars. GoffWilson can help businesses navigate the ever-evolving regulations regarding Form I-9 and develop a strategy for when in-person verification resumes. Contact GoffWilson today to learn how we can help your business remain I-9 compliant. Immigration isn’t just what we do, it’s our passion.
Filed under:Form I-9 Compliance