I-9 Remote Document Inspection Flexibility Policy Extended to October 31, 2022

The U.S. Department of Homeland Security (DHS) recently extended the Form I-9 flexibilities related to physical inspection of documents requirements until October 31, 2022, due to continued safety precautions related to COVID-19. Therefore, employers may, until October 31, 2022, virtually inspect Form I-9 documentation for employees who are hired on or after April 1, 2021 and who work exclusively in a remote setting.

Employers should be aware that this temporary exemption from the physical inspection of documents requirements only applies until employees return to employment where they are physically in-person on a regular, consistent, or predictable basis, or the flexibility is terminated, whichever is earlier. Also, employers should know that the in-person physical inspection of I-9 documents requirement still applies to employees who actually report to work physically/in person at a company location on any regular, consistent, or predictable basis.