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DHS Extends Form I-9 Flexibilities Until July 31, 2023

On Oct. 11, 2022, the U.S. Department of Homeland Security (DHS) announced it is extending updated flexibilities for Form I-9 due to the continued safety precautions related to COVID-19 until July 31, 2023.

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.

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.

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