Important Updates
Important Updates
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
May 23, 2025 | United StatesAmerican Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations
May 23, 2025 | Ireland, United Kingdom, BelgiumClassical Music: The Immigration Hurdles Facing UK Orchestras in Europe
May 23, 2025 | United States, FranceFragomen Recognized at FACC Midwest Chicago Business Awards
May 23, 2025 | United KingdomNorthern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
May 23, 2025 | United StatesAmerican Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations
May 23, 2025 | Ireland, United Kingdom, BelgiumClassical Music: The Immigration Hurdles Facing UK Orchestras in Europe
May 23, 2025 | United States, FranceFragomen Recognized at FACC Midwest Chicago Business Awards
May 23, 2025 | United KingdomNorthern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England
May 22, 2025 | United KingdomConstruction Management: Immigration White Paper: What it Means for UK Construction
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcastsVideos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationImmigration Matters: Your U.S. Compliance RoadmapFragomen Consulting EuropeAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts
  • Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Fragomen Consulting Europe
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

United States: ICE Gives Employers Until August 30 for In-Person Form I-9 Verification After COVID Flexibilities Expire

May 5, 2023

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • WorkRight: U.S. I-9 System Technology

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • WorkRight: U.S. I-9 System Technology

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • WorkRight: U.S. I-9 System Technology

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • Employers will have a 30-day period – until August 30, 2023 – to comply with physical Form I-9 document inspection requirements after the temporary COVID I-9 flexibilities expire on July 31, according to an ICE announcement.
  • Employers that have been relying on the temporary policy to perform remote I-9 inspections should ensure that all physical inspection of Form I-9 documents is completed by August 30, or earlier, if required under the policy.

The issue

U.S. Immigration and Customs Enforcement (ICE) is providing employers with an additional 30 days to perform physical inspections of Form I-9 documentation that was inspected remotely under the temporary COVID-19 accommodation set to expire on July 31.  This means that employers will be required to conduct a physical inspection of original documents related to a prior remote I-9 verification process by August 30, 2023, unless a physical inspection is triggered earlier under the policy.

Background

Since March 20, 2020, ICE has permitted remote verification of Form I-9 for certain employees where an employer is operating remotely due to COVID 19. Remote inspection can include verification by video, fax, or email and must be documented. The most recent version of the relaxed I-9 policy stated that eligible employers were permitted to continue to use remote I-9 verification until the affected employees began non-remote employment on a “regular, consistent, or predictable basis,” or until the flexibilities terminate on July 31, 2023 – whichever is earlier – and after which the employer must perform in-person physical examination of the I-9 documentation within three business days. Today’s announcement clarifies that where an employee continues to qualify for remote verification under the policy up to the termination of the accommodation on July 31, employers will have until August 30, 2023 to conduct a physical inspection of the employee’s original I-9 documents.

This announcement means that employers will not have to complete in-person physical examination of the I-9 documentation of the affected remote employees within only three business days of the July 31 end of the Covid I-9 accommodation, but instead will have until August 30 to complete the required physical examination. However, as noted above, employees whose Form I-9s were completed remotely and who begin non-remote employment on a regular, consistent, or predictable basis before July 31 must still undergo in-person inspection of I-9 documentation within three business days of beginning the non-remote employment.

Relatedly, the Department of Homeland Security plans to publish a regulation that would authorize the agency to allow alternatives to in-person inspection of identity and employment authorization documents in the Form I-9 process. A proposed rule was published in August 2022, and the public comment period closed on October 17, 2022. According to ICE, DHS is currently reviewing public feedback on the proposal and plans to issue a final rule later this year.

 

What’s next

Employers that have been relying on the COVID-19 Form I-9 flexibilities should begin physical inspections as soon as practicable in anticipation of the end of the flexibilities and related 30-day grace period ending on August 30, 2023. For employees who continue to work remotely, employers may use offsite third-party agents to complete in-person, physical verification of I-9 documentation on the employer’s behalf. Regardless of the method used to physically inspect Form I-9 documentation, verification should be implemented consistently and in a non-discriminatory manner.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Related content

  • WorkRight: U.S. I-9 System Technology

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • WorkRight: U.S. I-9 System Technology

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • WorkRight: U.S. I-9 System Technology

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽ Ep. 8 (Part 2) | #FragomenFC

#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Learn more

Blog post

The UK’s Net Migration Drop Demands a Considered but Speedy Response

UK Government Affairs Strategy Director Shuyeb Muquit discusses the UK's recent drop in net migration and emphasises the need for a considered yet swift response to address the economic and social impacts.

Learn more

Media mentions

Construction Management: Immigration White Paper: What it Means for UK Construction

Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.

Learn more

Media mentions

LBC: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Media mentions

American Bar Association's How Things Work: The Legal Edition: F-1 Student Visa Revocations

Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Learn more

Media mentions

Classical Music: The Immigration Hurdles Facing UK Orchestras in Europe

Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Learn more

Awards

Fragomen Recognized at FACC Midwest Chicago Business Awards

Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Learn more

Media mentions

Northern Engineer: The UK Immigration White Paper – What it Means for the Engineering Sector in the North of England

Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Learn more

Video

Passports & Pitch Side: Footballers on the Move ⚽ Ep. 8 (Part 2) | #FragomenFC

#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Learn more

Blog post

The UK’s Net Migration Drop Demands a Considered but Speedy Response

UK Government Affairs Strategy Director Shuyeb Muquit discusses the UK's recent drop in net migration and emphasises the need for a considered yet swift response to address the economic and social impacts.

Learn more

Media mentions

Construction Management: Immigration White Paper: What it Means for UK Construction

Manager Kirsty Moore and Trainee Solicitor Christina Azntaridou discuss the UK government's immigration white paper's potential impact on construction hiring.

Learn more

Media mentions

LBC: Youth Mobility is a Good Start - But Britain’s Immigration System Still Needs a Business Reset

UK Managing Partner Nadine Goldfoot reflects on how the UK’s immigration system might adapt to better support business and short-term mobility.

Learn more

Awards

Negocios Now Names Associate Ana Gabriela Urizar to NYC-TriState Latinos 40 Under 40 Class of 2025

Negocios Now names Associate Ana Gabriela Urizar to its NYC-TriState Latinos 40 Under 40 Class of 2025 list.

Learn more

Video

Digital Nomad Visas Explained: How to Travel and Work Remotely

Learn the key requirements for digital nomad visas and find out which countries you can apply to as a remote worker or freelancer. 

Learn more

Media mentions

Financial Times Adviser: Relocating to the UK: An Immigration Lawyer’s Guide for US clients

Practice Leader Olga Nechita provides practical guidance on navigating UK immigration routes, settlement options and key considerations for applicants.

Learn more

Video

New DOLE Rules for Employing Foreign Nationals | #MobilityMinute

Senior Business Immigration Consultant Missy Mae Makil discusses the new DOLE rules for employing foreign nationals in the Philippines.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.