Physical ID verification for Form I-9’s...did you meet the deadline?

On July 31, Immigration and Customs Enforcement (ICE) gave employers 30 days to perform all required physical examinations of eligibility documents for remote hires made between March 20, 2020, and July 31, 2023. Employers that completed Form I-9’s and work authorization documents virtually are required to physically inspect those documents by August 30 and update the Form I-9’s as appropriate.

Steps to remain compliant:

• Identify all employees whose Form I-9 documentation was verified remotely

• If updates are needed, a new Form I-9 should be completed and attached to the original, or update the “Additional Information” box on the original

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On July 25, ICE announced that qualified employers that use E-Verify may continue to conduct verifications remotely going forward.

To qualify for the alternative procedure, you must have: 

• Performed remote examination of an employee's documents between March 20, 2020, and July 31, 2023

• Enrolled in E-Verify at the time the employee completed the Form I-9

• Created a case in E-Verify for that employee (except for reverification)

• Currently enrolled in and continue to participate in E-Verify

Employers that do not meet all four requirements must perform an in-person physical inspection of documents. 

If you missed the deadline, take action now to get your files in compliance.