On May 4, 2023, the Department of Homeland Security (DHS) and Immigration Customs and Enforcement (ICE) announced that employers have 30 days to reach I-9 compliance after COVID-19 flexibilities end on July 31, 2023. Under this announcement, all employees onboarded using remote verification must have in-person physical verification of their identity and employment eligibility documentation used for their Form I-9 by August 30.

Although employers have until August 30, 2023, to complete physical examination of documents, it is important to start this process now. Many employers have hundreds, if not thousands, of employees who were onboarded using the remote, virtual verification. Thus, it is going to take time for these employers to complete the physical reverification.

One of the issues that employers may face is that employees are still working remotely; thus, how can physical reverification be conducted? Immigration law has long held that employers may utilize designated representatives to complete Section 2 of the Form I-9. The designated representative may be an adult family member, friend, notary public (but not one who is being paid to perform this service), or other designated person to act as an agent.¹

When the physical reverification is conducted, the designated representative or company official must review the documentation. If the same employer representative reviewed the documents virtually and in person, one should note "COVID-19 Documents - physically...

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