December 23, 2024

August 30th Deadline for In-Person Update of Remotely Reviewed I-9 Documents 

Employers should ensure they have completed an in-person review of I-9 documents originally reviewed remotely under the U.S. Immigration and Citizenship Services (USICS) COVID-19 flexibility policy. Employers must conduct an in-person inspection of the documents when the circumstances allowing the remote inspection change or the flexibility policy ends on July 31, 2023. The agency has extended the deadline for conducting an in-person inspection of documents to August 30, 2023.

During the COVID-19 health emergency, employers were able to remotely review identity and work-authorization documents for I-9 purposes via fax, video chat, or other electronic means in the following situations:

  • When workplaces were temporarily shut down due to the pandemic; or
  • When new hires and employees needing to update temporary work authorizations were subject to quarantine or ‘no travel’ orders.

This flexibility is ending as of July 31, 2023, and employers must return to the practice of in-person documentation review. 

Employers who conducted a remote inspection of documents under the USCIS flexibility policy are required to make in-person reviews of documents for those I-9s and record the updated information. The supporting documents initially provided during the remote inspection should be reviewed in the follow-up physical inspection. The USCIS offers examples of how to record the in-person follow-up inspection on the original I-9s at https://www.uscis.gov/i-9-central/form-i-9-examples-related-to-temporary-covid-19-policies.

Other guidance provided by USCIS:

  • If one or more of the documents provided during the initial remote inspection have expired, the expired document remains acceptable for the in-person follow-up inspection. 
  • If a document initially reviewed remotely has been lost or is unavailable for in-person inspection, the employee should complete a new Section 1 of Form I-9 and present any qualifying document from List A or a combination of documents from Lists B and C. The employer’s representative should record the same hire date on the new I-9 as was shown on the original I-9 and attach the new I-9 to the original. In the “Additional Information” field, the employer representative should note that the new I-9 was necessary because the employee’s original supporting documents were unavailable.
  • If the employee left employment before the I-9 documentation could be reviewed in person, an employee representative should note that fact, along with the date of termination, in the Additional Information section of the I-9.