Important USCIS Update- Employers Should Act Now: Complete In-Person Physical I-9 Inspections and Update Forms I-9 Completed Virtually During COVID-19 Pandemic

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On May 5, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that the previously issued COVID-19 temporary flexibilities allowing for the virtual review of employees’ Form I-9 documents for the Form I-9 process, will end on July 31, 2023. Per USCIS, employers must complete in-person physical document inspections by August 30, 2023, for employees whose documents were inspected virtually, such as via video link, fax or e-mail, during the temporary COVID-19 flexibilities period. This announcement gives employers additional time to complete in-person physical inspection of identity and employment authorization documents, and annotate the Form I-9 for this population. The USCIS instructions for employers include completing the in-person physical document inspection with the employee, and adding to Section 2 of the existing Form I-9 the notation “Documents Physically Examined” with the reviewers’ initials and date.  The I-9 flexibilities were initially announced in March 2020 at the start of the COVID-19 pandemic when employers began taking COVID-19 and social distancing precautions. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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