I-9 UPDATE: Remote Document Viewing
During COVID, employers were allowed to view documents required for I-9’s remotely. While the end date for allowing this virtual review was in flux for a while, the U.S. Immigration and Customs Enforcement (ICE) has now declared that that flexibility ends July 31, 2023.
What does that mean?
Employers have until August 30, 2023, to do in-person verifications of employment documents that were previously inspected virtually, AND employers need to revert back to standard I-9 requirements.
What do we do now?
Compile a list of employees whose documents were inspected virtually and set meeting times with each to do physical inspections. Employees can present their choice of eligible documents—they do not need to present the same documents they initially presented.
What about remote employees?
Authorize a representative in the employee’s location and have the employee and representative set a meeting to inspect the documents in-person.
Who can be an authorized representative?
Someone you’d trust with a sensitive task.
A law firm, notary, or someone else who can legally offer this service.
NOTE: Consider remotely overseeing the in-person inspection (via phone call or video) because employers are liable for errors on the form or in the verification process.
Want more details?
Check out “How to Notate Remote Inspections and Subsequent Physical Inspections” on U.S. Citizenship and Immigration Services’ website. USCIS also has a useful FAQ section!