After over three years, The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) are concluding their Covid-19 temporary flexibilities. The measures had been put in place to allow employers to complete the I-9 verification protocol remotely due to the coronavirus pandemic. The change was announced by ICE on May 4, 2023, stating these temporary provisions will officially end on July 31, 2023.
Following the cessation of the Covid-19 “flexibilities”, corporations will have until August 30, 2023 to perform an in-person physical inspection for all workers who were remotely verified and hired throughout the pandemic period. Such measures constitute a significant portion of the new E-Verify alternative verification procedures introduced by the DHS.
However, what does the end of these measures imply for employers? All employers who utilised the I-9 process remotely during the pandemic period will now have to adapt to the new in-person verification procedure within the specified deadline. Legal professionals in these corporations and law firms should particularly be aware of the implications of this policy change.
Understandably, this dicey shift from remote to in-person verification might bring about a number of logistical challenges for employers. Notably, the ones who hired a large volume of workers remotely during the Covid-19 pandemic. Therefore, it is crucial for the legal teams of such corporations to start preparing their clients in advance to mitigate any compliance risks.
For a detailed overview of the new regulations, you can refer to the full text of the notice provided by the DHS and ICE at this link.
It’s essential for legal professionals to stay abreast on the current policy landscape in order to effectively advise their clients. Changes such as these, while subtle, can have a far-reaching impact on how businesses operate, particularly in the context of employment and immigration laws. Hence, companies and their legal representatives must ensure they are up-to-date with the changing regulatory protocols and respond promptly to avoid any potential legal repercussions.