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DHS and ICE announce end to Form I-9 virtual document review

October 2023 employment law letter
Authors: 
Marylou Fabbo, Skoler, Abbott & Presser

On May 4, 2023, the Department of Homeland Security (DHS) and U.S Immigration and Customs Enforcement (ICE) announced that starting on July 31, 2023, temporary flexibilities for Form I-9 compliance will be eliminated, and employers will have 30 days to comply with the new rules.

This means that by no later than August 30, 2023, employers must conduct physical inspections of identity and employment eligibility documents for employees whose Form I-9 employment documents haven’t been reviewed in-person. Here is what you need to know.

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