U.S. Immigration and Customs Enforcement recently announced that they will extend the deferral of the physical presence examination of documents presented as evidence of identity and work authorization for eligible employers through July 31, 2023. This temporary policy, first implemented in March of 2020 and further updated April 1, 2021, has been extended numerous times and was due to end October 31, 2022. This extension will allow eligible employers to continue to avail themselves of this flexibility through July 31, 2023, if eligible. This extension also gives employers much more time to prepare for the end of this temporary policy as documents presented virtually must be reviewed in the employee’s physical presence within 3 days of the date the temporary policy expires.
It is important to note that Department of Homeland Security recently announced via Federal Register that they are considering a new rule/pilot program that would provide options to Form I-9 rules regarding the examination of documents presented as evidence of identity and work authorization upon hire and reverification of continuing of work authorization, as applicable.
Please contact your Maggio Kattar attorney with any questions you may have.