U.S. Department of Homeland Security (DHS) Announces Form I‑9 Requirement Flexibilities for COVID-19 Ending on July 31, 2023


U.S. Department of Homeland Security (DHS) Announces Form I‑9 Requirement Flexibilities for COVID-19 Ending on July 31, 2023

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE) announced that employers will have 30 days to reach compliance with “Form I‑9, Employment Eligibility Verification” requirements after the COVID-19 flexibilities sunset on July 31, 2023, according to a news release from ICE.

The Form I-9 flexibilities were first announced in March 2020 and subsequently extended several times throughout the COVID-19 pandemic. The DHS encourages employers who have been using those temporary flexibilities to plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed by August 30, 2023.

In March 2020, DHS announced that it would defer the requirement that employers review identity and employment authorization documents of employees in the physical presence of employees, instead allowing that to occur remotely, with the expectation that physical inspection would occur within three business days after normal operations resumed.

As noted in the March 2020 announcement, employers with employees taking physical proximity precautions due to the COVID-19 pandemic were allowed to temporarily defer physical examination of identity and employment authorization documents. Instead, employers could examine the documents of employees remotely and enter “COVID-19” as the reason.

In follow-up guidance, ICE noted employers could continue to implement the flexibilities until affected employees undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated. In October 2022, DHS and ICE announced the flexibilities would extend until July 31, 2023.

The May 2023 announcement from DHS and ICE clarifies for employers that they have until August 30, 2023, to perform all required physical examination of identity and employment eligibility documents for those individuals hired on or after March 20, 2020, and who have only received a virtual or remote examination under the Form I-9 flexibilities for COVID-19.

Since the first expiration date of May 19, 2020, the flexibilities in Form I-9 requirements were extended to June 19, 2020, July 19, 2020, August 19, 2020, September 19, 2020, November 19, 2020, December 31, 2020, January 31, 2021, March 31, 2021, May 31, 2021, August 31, 2021, December 31, 2021, April 30, 2022, October 31, 2022, and lastly July 31, 2023.

In August 2022, DHS issued a proposed rule on “Optional Alternatives to the Physical Document Examination Associated With Employment Eligibility Verification (Form I-9)” for examining identity and employment authorization documents. The public comment period closed in October 2022. DHS is reviewing the public comments and plans to issue a final rule in 2023.

 ClearStar is a leading provider of Human Capital Integrity technology-based services specializing in background checks, drug testing, and occupational health screening. ClearStar offers employers pre-employment screening that includes employment eligibility verification of Form I-9s to ensure legal workforces. To learn more about ClearStar, contact us today.

© 2023 ClearStar. All rights reserved. – Making copies of or using any part of the ClearStar website for any purpose is prohibited unless written authorization is first obtained from ClearStar. ClearStar does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.


Let's start a conversation

    Thomas Ahearn - Digital Content Editor

    Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources (HR) technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), Form I-9, identity theft, privacy, social media screening, and workplace violence.

    At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.


    Bursa escort - eskort mersin - youtube seo - escort - eskort eskişehir