Background
The COVID-19 flexibilities, which enabled the temporary virtual inspection of Form I-9, Employment Eligibility Verification (“Form I-9”) documentation will end in the coming weeks. On that basis, employers that virtually inspected Form I-9 documents during COVID-19 will have until August 30, 2023 to complete the normally required physical re-inspection of all Form I-9s for employees who were inspected virtually before August 30. Employers failing to do so could face significant fines if a Notice of Inspection issues.
In anticipation of this burdensome responsibility and rapidly approaching deadline, the Department of Homeland Security (“DHS”): (1) published a final rule on July 21, 2023, which will allow employers already enrolled in E-Verify to remotely examine identity and employment authorization documents; and (2) will publish and release a new and revised Form I-9 on August 1, 2023, which form must be utilized starting no later than November 1, 2023, as explained in further detail here.
If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.
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