The Department of Homeland Security (DHS) and Immigration Customs and Enforcement (ICE) announced COVID-19 flexibilities on remote onboarding will end July 31, 2023. All employees onboarded remotely must have in person verification of their identity and the employment documentation used in their I9 form by August 30, 2023. The Feds are kicking it old school by continuing to require physical verification in the world of remote work.
You might want to start this process sooner rather than later if you have onboarded several employees remotely. If you have remote employees far away, a designated representative can be used to complete Section 2 of the I9 form: friend, family member, notary public all qualify but not someone who is being paid. Another tricky area: who performs the reverification? That matters! If the same employer representative reviewed the documents virtually and then reviews in person, fill out the “Additional Information” field in Section 2 as: “COVID-19 Documents physically examined on (date) by (person’s name).” If a different representative is reverifying documents, a new Section 2 of the I9 form must be completed and attached to the original I9 form. Are we having fun yet?
Oh, and remember that new I9 form that has been delayed? It is still delayed until at least July 2023. Probably later.
Questions? We can be your virtual in-house employment counsel for a fixed monthly fee to answer your questions in real time. We can conduct an I9 audit to insure you are in compliance. We have loads of ways we can help.