In Memoriam: Charles W. Heuisler
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The Reinstatement of In-Person Document Inspection for Form I-9

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The Department of Homeland Security (DHS) recently announced an end to its Covid-era policy of permitting employers to remotely review documents for Forms I-9. As of August 1, 2023, each new Form I-9 will again require physical inspection of the provided documents. By way of brief background, Form I-9 is used to verify the identity and employment authorization of employees hired in the United States.

During COVID, DHS relaxed the requirement that an employer (or agent) review, in-person, the documents provided by the employee on/by the first date of employment. However, as of August 30, 2023, employers will need to be fully compliant with the physical inspection of Form I-9 documents. Importantly, this deadline includes updating all Form I-9s completed with the permitted virtual inspection during the past few years.

While DHS has proposed a rule change to permit this type of virtual Form I-9 inspection in perpetuity, employers should be careful to comply with the in-person inspection requirements. Lack of compliance with Form I-9 requirements may result in significant fines, or other action, by Immigration and Customs Enforcement.

For questions or guidance on how to comply with this update, please contact Ashley Rotchford at

DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought.