Employers will have until August 30, 2023, to physically examine the identity and employment eligibility documents of workers who were hired on or after March 20, 2020, and whose documents were examined only virtually or remotely.
Since March 2020, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have allowed employers to review their employees’ identity and employment authorization documents remotely, instead of in person, due to the COVID-19 pandemic. These flexibilities are scheduled to end on July 31, 2023.
DHS and ICE recently announced that employers will have a thirty-day grace period, until August 30. 2023, to comply with the form I-9 verification requirements after the flexibilities expire.
The ICE website provides instructions on how employers can indicate the in-person verification on their employees’ I-9 forms, with photos of sample forms. See: https://www.uscis.gov/i-9-central/form-i-9-examples-related-to-temporary-covid-19-policies
If you have questions or concerns about this law or any federal or New York State employment or discrimination laws, please contact Chaim Book at cbook@booklawllp.com, Sheryl Galler at SGaller@booklawllp.com, or Nadav Zamir at NZamir@booklawllp.com.
Disclaimer: The information provided in this blog post is for general knowledge purposes only and should not be considered legal advice. For specific guidance tailored to your situation, it is advisable to consult with a qualified employment law professional.
