Extension of Temporary Changes to I-9 Completion Procedure

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At the onset of the COVID-19 pandemic, the Department of Homeland Security (DHS) implemented a temporary rule, allowing remote inspection of documents presented by employees if the employer was taking physical proximity precautions due to COVID-19. This rule, set to expire October 31, was recently extended through July 31, 2023.

According to the U.S. Immigration and Customs Enforcements' website: "As of April 1, 2021, the requirement that employers inspect employees' Form I-9 identity and employment eligibility documentation in-person applies only to those employees who physically report to work at a company location on any regular, consistent, or predictable basis."

Whether the employee works remotely or in person, the document inspection must be completed within three business days of the employee's first day of work.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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