Hello from your Thread HR team.
Prior to the pandemic, employers were required to be physically holding I-9 documents to review them in person. During the Pandemic, the Department of Homeland Security and ICE allowed employers to virtually review and approve I-9 documents since so many employees were working remotely.
This flexibility may be coming to an end on July 31, 2023. Employers across the country are hoping for an extension of the virtual review. There is a DHS proposal, but we don't know when or if it will be approved. These things usually happen at the last minute. As of now, ICE is saying that employers will need to review supporting I-9 documents for all active employees hired since March 20, 2020, before the end of August.
If the flexibility is revoked, starting August 1, 2023, we will all have to return to the practice of viewing original, physical supporting documentation when completing the 2nd page of the I-9. The physical review would be noted in the “additional information” section of the I-9 or in the reverification section, depending on the documents
presented.
How to prepare?
- Plan on who will physically review the supporting documents at each of your locations. This may mean sending a company representative to various locations.
- For remote employees, you can engage an "agent" to act as your company representative. The representative does not have to be a Notary and, in CA, cannot be a Notary.
- Some banks can be a good source, or they can help connect you with an affiliate who is familiar with the I-9 form.
When to prepare? This is a matter of your risk tolerance.
- Go ahead and work with us to prepare a plan of action should you be required to do this in August.
- You could start now or wait until July 31, 2023, to see if it gets extended or not. At Thread, we'll be waiting to see what happens.
Whether you want to start now or wait for further information, speak with your HR Advisor for additional details or to start on a plan of attack.
As always, we appreciate your partnership and will continue to keep you updated as information is released.
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