DHS makes permanent I-9 flexibility rules

In August 2023, the Department of Homeland Security (DHS) announced a new regulation making permanent the I-9 flexibility regulations but only for employers that enrolled in E-Verify. Moving forward, if employers want to remotely examine documents, they must enroll in and use E-Verify for all new hires. Employers that weren’t participating in E-Verify during the pandemic must physically inspect original I-9 documents for all I-9s completed or reverified during the pandemic. The deadline is August 30, 2023, for employers to catch up on inspecting original I-9 documents, but the DHS also indicated this deadline won’t be strictly enforced in future I-9 audits as long as employers work diligently to catch up as soon as possible.