COVID-19-related temporary flexibilities for Form I-9 end July 31, and employers face the daunting task of completing in-person physical document inspections for employees whose documents were inspected remotely by Aug. 30. The newly announced alternative remote I-9 document examination procedure authorized by the Department of Homeland Security (DHS) provides much needed and welcome relief for qualified E-Verify employers.

Effective July 31, the COVID-19 flexibilities that had permitted employers to remotely examine I-9 documents under certain circumstances since March 20, 2020 will end. Employers must resume physical, in-person examinations of documents for all new I-9s beginning Aug. 1, 2023. Employers also must perform physical examinations of I-9 documents for employees hired on or after March 20, 2020 and for whom only remote examination has been performed to date. Physical inspection for these employees must be completed by Aug. 30, 2023.

DHS has published guidance to help employers navigate the end of COVID-19 flexibilities. Here are some key takeaways:

• Employers may continue to designate an authorized representative to physically examine documents and complete Sections 2 or 3 of the I-9, as has been permissible since before the COVID-19 flexibilities.
• When physically inspecting documents that had previously been examined remotely, employers should not complete a new I-9. Instead, they should indicate “documents physically examined” and the date of inspection in the “Additional Information” field of Section 2 of the existing I-9.
• If the employee presents acceptable documents at the physical examination that differ from those presented during the remote examination — including employees whose immigration status has changed in the interim — the employer may either (1) complete Section 2 on a new I-9 and attach it to the previous I-9 used for remote inspection; or (2) provide the new document title, number, issuing authority and expiration date, along with the date of physical inspection, in the Additional Information field of the existing I-9. DHS prefers option 1, however.
• If the employee’s document has expired since remote examination, the employer should not request a new document for physical inspection but should instead examine the expired document.
• For affected employees who have since separated from employment, the employer should include the date of separation and a brief explanation in the Additional Information field of the existing I-9.

DHS announced last week that effective Aug. 1 it is publishing a revised version of Form I-9 and implementing a new alternative procedure allowing employers who are enrolled in E-Verify to remotely examine I-9 documents. To participate in this alternative procedure, employers must:

1. Be a participant in good standing in E-Verify. Employers must be enrolled with respect to all hiring sites that use the new procedure.
2. Gather, examine, and retain clear and legible copies of all I-9 documents from the employee for remote inspection.
3. Conduct a live video interaction with the employee to ensure that the documents provided appear genuine and related to the individual. Note that the documents presented during the video interaction should be the same as those in the copies provided.
4. Indicate on the new, revised version of the I-9 that the alternative procedure was used to complete the examination by checking the appropriate box.
5. Create an E-Verify case for all newly hired employees.

Employers who were participating in E-Verify during the COVID-19 flexibilities period and who created a case for employees whose documents were examined remotely during that time may choose to use the new alternative procedure to satisfy the physical document examination requirement. Notably, when using the new procedure to meet this physical inspection requirement, employers should not create a new case in E-Verify or complete a new I-9 on the revised version. Instead, employers should indicate “alternative procedure” in the Additional Information field of Section 2 of the existing I-9, along with the date of the video interaction with the employee.

The new alternative procedure provides some welcome flexibility for eligible E-Verify employers to continue to remotely examine I-9 documents. We will provide updates as DHS releases additional guidance.

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