Last Updated on October 15, 2023

Form I-9 flexibilities allow employers to review identification documents remotely and accept some expired documents when the expiration was caused by COVID-19 disruptions. Please note that on July 25, 2023 DHS introduced the new final rule relating to the Employment Eligibility Verification (From I-9) process. You can read more about the final ruling HERE.

Form 1-9 Background

Federal law requires every employer that recruits, refers for a fee or hires an individual for employment in the United States to complete an Employment Eligibility Verification form (Form I-9). To comply with Form I-9 requirements, employers must, within the first three days of employment:

• Complete and sign Section 2 of Form I-9 for each new hire; and
• Physically examine the documents each employee presents to prove his or her employment eligibility (documents must come from the form’s list of acceptable documents).

Form I-9 Flexibilities

Since March 19, 2020, DHS has adopted various temporary policies to provide employers flexibility in their employment eligibility compliance efforts. DHS has reviewed, renewed, and updated these Form I-9 “flexibilities” to allow employers to:

• Review Form I-9 identification documents remotely; and
• Accept some expired identification documents when the expiration was caused by COVID-19 disruptions.

Review DHS Guidance on Document Verification

Employers should review the original DHS guidance on remote document verification for details. Employers can access additional information about updated flexibilities on the DHS U.S. Citizenship and Immigration Services Temporary Policies Related to COVID-19 webpage.

Questions About Form I-9? Contact MyHRConcierge

If you have questions about mandatory HR documents that you need to submit to government institutions, MyHRConcierge can help. For more information about our government compliance service HRCompli, contact MyHRConcierge’s Chris Cooley by calling email at ccooley@myhrc.com, phone at 1-855-538-6947 ext.108, or by scheduling a consultation with him below.