Immigration and Customs Enforcement (ICE) announced employers will have 30 days to achieve I-9 compliance with the Form I-9 requirements after the COVID-19 temporary flexibilities sunset on July 31, 2023.  The temporary flexibility provisions were first announced in March 2020 and have been extended multiple times throughout the pandemic.  Companies that utilized these flexibilities will need to plan ahead and ensure that all required physical inspection of the Form I-9 identity and employment eligibility documents and annotation of the Form I-9 is completed by August 30, 2023.  It is important that employers who utilized these flexibilities allowing for remote inspection and completion of the Form I-9 assess compliance and determine if these temporary protocols were used properly. 

In 2022, DHS issued a proposed rule that would provide for alternative procedures allowing for remote examination of the Form I-9 identity and employment eligibility documents.  The public comment period closed on October 17, 2022 and DHS anticipates issuing a final rule later this year.

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Ali Brodie is a Partner and the Co-Chair of the Immigration and EB-5 Immigrant Investor Practice Groups of Fox Rothschild LLP and has extensive experience in corporate immigration law and I-9 compliance.  Based in Fox Rothschild’s Los Angeles, California and Denver, Colorado offices, Ali’s practice spans the United States and reaches Consulates worldwide.  You can reach Ali at (303) 446-3854 or at