In 2020, ICE and DHS temporarily relaxed the requirement to physically view work authorization documents as part of Form I-9 employment eligibility verification. These relaxed guidelines end(ed) on July 31st, 2023 with ALL virtually-reviewed documents requiring physical inspection by August 30, 2023.
The requirement applies to all organizations, but how you’ve been handling your Form I-9s will determine if you need to take action. As a WorkBright customer, you’re off to a great start!
Inspection Flowchart
Reconciliation Paths
To determine the path to reconciliation, there are four key scenarios to consider:
Section 2 was completed by a company representative who performed an in-person review. Your completed Form I-9 is already compliant as long as an in-person physical review of the documentation was performed and the company representative signed Section 2, verifying this inspection. This would likely mean that during the COVID-19 pandemic, your organization had government authorization to continue business in person. No reconciliation is required for this scenario.
Section 2 completed using WorkBright’s Remote I-9. Any Form I-9 that had Section 2 completed using the authorized rep functionality of WorkBright’s Remote I-9 is already compliant, as the authorized rep completed a physical, in-person review of the employment eligibility documentation. No reconciliation is required for this scenario. Note: Any Form I-9s of employees hired before the implementation of the Remote I-9 functionality within your WorkBright account will need to be reconciled if an alternative in-person review was not completed.
Section 2 completed by virtual inspection of employment eligibility documents with a company admin countersigning Section 2 within WorkBright. Your completed WorkBright Form I-9 was compliant during the relaxed guidelines but you will now need to reconcile with an in-person review of the employment eligibility documentation. Follow the Form I-9 Within WorkBright reconciliation process within THIS article.
Section 2 completed by virtual inspection of employment eligibility documents with a company admin countersigning Section 2 on a Form I-9 outside of WorkBright. Your completed Form I-9 was compliant during the relaxed guidelines but you will now want to bring that Form I-9 into WorkBright and use the system to reconcile with an in-person review of the employment eligibility documentation. Follow the Form I-9 Outside of WorkBright reconciliation process.