Remote I-9 Document Verification Coming To An End On July 31, 2023

The Immigration and Customs Enforcement (ICE) announced the end of the pandemic provision that allowed employers to review I-9 employment verification documents remotely.

On July 31, 2023, employers must return to the pre-pandemic practices of physically inspecting newly hired employees' I-9 documents and employment eligibility documents within three days of hire. Additionally, employers must go back and physically verify the documents of all employees who were previously verified electronically. ICE has given employers thirty (30) days to physically inspect the documents of all workers hired since March of 2020 whose documents were remotely verified.

We recommend that employers organize their records of the remotely verified I-9 forms now and begin to contact the effected employees. These employees will need to produce documents that establish employment eligibility in the US. We have included the guidance sheet from ICE for notating an I-9 form and the physical inspection for reverification.

While the pandemic may be over and ICE’s pandemic-related accommodations are ending, remote documentation verification may return to the workplace. The Department of Homeland Security may issue program rules that permit the remote inspection of of I-9 documents to some or all employers.