The imminent resumption of the requirement for employers to physically inspect the I-9s of remote employees is causing whiplash among some employers. They worry about the revived mandate's cost and inconvenience, despite the possibility of using a third-party representative to examine work authorization documents.
Employers that began conducting employment eligibility verification virtually during the pandemic are being told to start physical inspections of completed I-9 forms as soon as possible in anticipation of an Aug. 30 deadline. U.S. Immigration and Customs Enforcement (ICE) announced that the pandemic-era flexibility extended to the Form I-9 process is coming to an end July 31, followed by a 30-day grace period to comply with physical Form I-9 document inspection requirements. This means employers that were conducting the I-9 process virtually during the pandemic will be required to conduct a physical inspection of original documents related to those prior virtual I-9 completions by Aug. 30.
Starting July 31, employers must follow pre-pandemic rules for new remote hires, which require employers to conduct an in-person inspection of a new hire's documents, cautioned Andrew Greenfield, an attorney with Fragomen in Washington, D.C.
Employers are experiencing frustration and disbelief, said Mira Mdivani, an attorney with Mdivani Corporate Immigration Law Firm in Overland Park, Kan. In response to ICE's request last year for comment on the possibility of continuing...
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