Employers that relied on Form I-9 flexible measures during the COVID-19 pandemic have until Aug. 30 to complete follow-up document inspections.

Key Points:

  • Employers enrolled in E-Verify during the COVID-19 temporary flexibilities may use the alternative procedure to satisfy the requirement of physically examining Form I-9 documents that had been examined remotely under the COVID-19 flexibilities. More information is available on this USCIS website.
  • In order to qualify for to use the alternative procedure to satisfy this requirement, employers must be enrolled in E-Verify and have:
    • Performed the initial remote examination of an employee's documents between March 20, 2020, and July 31, 2023.
    • Been enrolled in E-Verify at the time they completed the Form I-9 for that employee.
    • Created a case in E-Verify for that employee (except for reverification).
  • Employers that meet all of the requirements can choose whether to use the alternative procedure or conduct an in-person physical examination by Aug. 30, 2023.
  • Employers that do not meet all of these requirements must perform an in-person physical examination of Form I-9 documents by Aug. 30, 2023.

Background: USCIS confirmed earlier this month that E-Verify employers that checked Form I-9 identity and work authorization documents remotely under temporary COVID-19 flexibilities "must still complete the steps of the new alternative procedure to finalize the Form I-9" by Aug. 30 even if they followed a process similar to the alternative procedure. USCIS guidance on notating Form I-9 when completing reviews due Aug. 30 is available here.

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