I-9 Employment Verification Covid Flexibility (Virtual Screening) Is Ending And A New I-9 Form Is Expected for 2023

Thursday, May 18, 2023

Written by: Lisa Shea, Esq.

I-9 Forms are located on www.uscis.gov website and are required to be filled out by U.S. employers within three days of hiring an employee in order to verify the identity and employment authorization of the hired individual. As part of the process to fill out the I-9, employees must provide original documents to prove their legal authorization to work in the U.S.  Employers are required to maintain the Form I-9 and may (not required) keep copies of the employee’s employment eligibility documents.  Some employers may choose to use E-Verify, operated by DHS, to assist with this process.  While Virginia does not require employers to use E-Verify, and E-Verify does not replace the I-9 record-keeping requirement, it may be a good option for larger employers to provide a safe harbor that the employee documents are legitimate.

During the pandemic, employers were permitted to virtually handle the employment verification process.  However, those pandemic policies are ending on July 31, 2023.  For any employee whose documents were remotely inspected during the pandemic, employers must now go back an inspect employee documents in-person, with the employee, before August 30, 2023.   This is an excellent opportunity for employers to audit their I-9s, with counsel, to ensure they are in compliance, and review their verification procedures. In addition to these changes, watch out for the launch of a new and simplified I-9 Form.


Lisa Shea is a shareholder at Vanderpool, Frostick & Nishanian, P.C. She is leading the firm’s Immigration practice, as well as Immigration Chair for the Prince William County Bar Association.  If you have additional questions or concerns contact Lisa Shea at  lshea@vfnlaw.com or call us at 703-335-2009.

www.immigrantsfirst.com (for information about immigration solutions)
www.vfnlaw.com (for information about solutions in other areas of law)

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer