The days of COVID-related rules that permitted the inspection of passports and birth certificates over video calls are coming to an end. Onboarding was made much simpler with the temporary pandemic permissions, but those permissions are expiring. Employers, it’s time to return to in-person onboarding.
Traditional I-9 Requirements vs. Pandemic Requirements
Federal law has always required employers to complete the Employment Eligibility Verification Form I-9 within three business days of a new employee’s first day of work. This involved physically inspecting their identification documents, like passports or driver’s licenses, right in front of them. But when the pandemic hit, the U.S. Department of Homeland Security (DHS) stepped in with temporary rules. They allowed employers to conduct virtual inspections of these crucial I-9 documents through videoconferencing or other means.
I-9 In-Person Inspections are Back
It may have seemed that the DHS was doing away with the in-person inspections, but they were just giving everyone a breather. They extended the deferral period several times, but now it’s finally time to return to pre-pandemic requirements. The deferral period will officially end on July 31, 2023, with a grace period of 30 days until August 30, 2023.
Here’s what you need to do before August 30 rolls around:
(1) identify all the I-9 forms that were completed with virtual inspections;
(2) schedule those long-awaited in-person inspections for the supporting documents;
(3) don’t forget to update the I-9 forms to reflect the successful in-person inspection.
These simple steps are crucial to ensure compliance with the recent DHS guidance. Remember, failing to follow these guidelines could land you in hot water during a DHS audit or other compliance proceeding.
For more information about this or other Labor and Employment issues, please contact the team at Gertsburg Licata. We’re happy to help!
If you have any questions regarding this information, please contact us at (216) 573-6000.
This article is for informational purposes only. It is merely intended to provide a very general overview of a certain area of the law. Nothing in this article is intended to create an attorney-client relationship or provide legal advice. You should not rely on anything in this article without first consulting with an attorney licensed to practice in your jurisdiction. If you have specific questions about your matter, please contact an attorney licensed to practice in your jurisdiction.
