Reminder: Aug. 30 Form I-9 document check deadline approaching

Employers that relied on Form I-9 flexible measures during the COVID-19 pandemic have until Aug. 30 to complete follow-up document inspections.

Key Points:

• Employers enrolled in E‑Verify during the COVID‑19 temporary flexibilities may use the alternative procedure to satisfy the requirement of physically examining Form I‑9 documents that had been examined remotely under the COVID‑19 flexibilities. More information is available on this USCIS website.
• In order to qualify for to use the alternative procedure to satisfy this requirement, employers must be enrolled in E-Verify and have:
  • Performed the initial remote examination of an employee’s documents between March 20, 2020, and July 31, 2023.
  • Been enrolled in E‑Verify at the time they completed the Form I-9 for that employee.
  • Created a case in E‑Verify for that employee (except for reverification).
• Employers that meet all of the requirements can choose whether to use the alternative procedure or conduct an in-person physical examination by Aug. 30, 2023.
• Employers that do not meet all of these requirements must perform an in-person physical examination of Form I-9 documents by Aug. 30, 2023.

Background: USCIS confirmed earlier this month that E-Verify employers that checked Form I-9 identity and work authorization documents remotely under temporary COVID-19 flexibilities “must still complete the steps of the new alternative procedure to finalize the Form I-9” by Aug. 30 even if they followed a process similar to the alternative procedure. USCIS guidance on notating Form I-9 when completing reviews due Aug. 30 is available here.

This alert has been provided by the BAL U.S. Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

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