At the beginning of the COVID-19 pandemic, the Department of Homeland Security (“DHS”) announced a plan allowing employers to complete the I-9 Form without actually inspecting the Form I-9 supporting documentation (license, birth certificate, passport, etc.) (“Deferred Inspection”). Since that initial announcement, DHS has continually extended this policy allowing Deferred Inspection, until now. The last extension expires on July 31, 2023.
Rather than announce another extension, DHS has recently begun encouraging all employers who use Deferred Inspection to ensure all required inspections of identity and employment eligibility documents are completed by August 30, 2023.
If your company was taking advantage of remote inspections, it is imperative that you perform physical inspections of the employment eligibility documents by August 30, 2023.
On August 18, 2022, DHS issued a proposed rule that would allow alternative procedures for the examination of identity and employment eligibility documents, subject to the Secretary’s discretion. The public comment period closed on Oct. 17, 2022. DHS is currently reviewing public comments and plans to issue a final rule later this year.
Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.
