Skip to the main content.
Making screening easy for candidates

CVC - Mega Menu-01

With Verified Credentials' mobile-first candidate experience, you meet candidates where it's most convenient. Learn how easy we make it.

See how it works ›

Featured resource

Industry-Trends-Report-01

Learn the latest trends in employment background checks. This report uses real-life usage data to uncover how employers are screening across industries.

Download the full report ›

Verified Credentials is a leading background screening company. Since 1984, we’ve helped validate and secure relationships through the use of our comprehensive screening solutions. We offer a wide variety of background checks, verifications, and innovative screening tools.

Get to know us ›

Accredited background screening solutions

Logo-PBSA-Accreditation-120x98

Our accreditation confirms that our policies, processes, and employee training meet rigorous industry compliance standards.

Learn about our solutions ›

1 min read

Form I-9 Flexibility Coasts into Summer

In July of 2023, it will be more than three years since the U.S. Department of Homeland Security (DHS) began offering certain I-9 compliance flexibility for employers. We’ve published multiple updates and notices regarding the longstanding temporary compliance flexibility.

To recap, I-9 flexibility began in March, 2020 because DHS recognized the impact COVID-19 was having within the workplace. It became difficult for employers to physically review their employee’s identity. DHS stated it would “exercise discretion to defer the physical presence requirements related to [Form I-9].”

This latest announcement extends flexibility to July 31, 2023. The I-9 compliance flexibility permits certain employers that engage employees in remote work to inspect employee documents over video, fax, and email. Then they need to obtain, check, and retain physical copies of the documents within three business days. If in-person operations resume, employees onboarded using the remote inspection option must report in within three business days so that their documents can be inspected and verified in person.

But there are some limitations that employers have to keep in mind:

  • Employers that use the remote inspection option must provide a written statement about their remote onboarding and telework policy for each employee.
  • DHS provided language that needs to be on the I-9 Form if they must delay in-person inspection. Employers that take advantage of I-9 compliance flexibility may want to review DHS announcements and make sure that their I-9 forms meet DHS requirements.
  • I-9 flexibility is only for remote employers and workplaces.

No exceptions exist if employees are physically present at a work location. They should continue to verify identity as they did prior to DHS granting temporary I-9 compliance flexibility.

Repeated extensions seem to have become the norm since the initial announcement of temporary I-9 compliance flexibility. Even though I-9 flexibility is continuing, employers may also want to note that  the DHS announcement also states:

“Employers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020.”

In a separate statement, DHS announced that employers should keep using the current I-9 Form. Even after the expiration date of October 31, 2022, employers should use it until further notice. Monitor I-9 Central and Verified Credentials Industry News for information and announcements from DHS.

Virginia’s New Record Sealing Laws Give a Second Chance to Reformed Individuals

Earlier this year, we covered Kansas City’s efforts to expand employment protections for individuals with criminal histories. Meanwhile, Virginia has...

Read More

Amendments to the Utah Artificial Intelligence Policy Act Explained

Although other states and jurisdictions have implemented laws and regulations to address certain aspects of AI use in business scenarios, Colorado...

Read More

Minneapolis Takes Action to Strengthen Civil Rights Protections

In 2014, Minnesota implemented a “ban the box” law (Minnesota Statute 364.021) to help create a fairer hiring climate for Minnesotans with a criminal...

Read More

I-9 Compliance Flexibility Extended Until the End of 2021

I-9 compliance has looked different for some employers since the beginning of the COVID-19 pandemic. The U.S. Department of Human Services (DHS) has...

Read More

I-9 Compliance Flexibility Continues Through Fall 2022

Employers have had the benefit of two years of I-9 compliance flexibility. And that’s not changing anytime soon. The Department of Homeland Security...

Read More

DHS Announces Extended I-9 Compliance Flexibility

The Department of Homeland Security (“DHS”) recently issued a news release announcing a 30-day extension in I-9 compliance flexibility, to July 19,...

Read More