If you’re like many small business owners, you’re probably juggling a lot. You’ve got your eye on growing your business, keeping your clients happy, and oh, by the way, playing the role of the HR department. Well, we’re here to help you navigate some new updates that you should be aware of.

You may recall that when COVID-19 hit, the Department of Homeland Security (DHS) gave us a break from the usual rules. They let us check an employee’s identification documents (like passports or driver’s licenses) remotely. This change was super helpful, especially when hiring folks from different locations.

Now, here’s the update: DHS has decided to return to the old ways. Starting from July 31, 2023, we’re back to doing these checks in person. But don’t panic, you have until August 30, 2023, to get all those remote I-9 forms updated with a physical inspection.

So, what does this mean for you? Well here comes the scary part – this is retroactive.  So, basically, if you hired anyone after March 20, 2020, and you’ve only checked their documents online, you’ll need to see these documents in person. And for any new hires after July 31, 2023, the same rule applies.

But there’s a bit more to it:

• If you’re the one who did the remote check and you’re now doing the physical check, just write “COVID-19”, “documents physically examined”, and the date in the additional information field on Form I-9.
• If someone else did the remote check, or if the documents have changed since then, you might need to fill out a new Section 2 of Form I-9. Then, just attach it to the old form.
• Don’t stress if a document has expired. You can still inspect it. Just be sure you understand which expired documents need a do-over on work eligibility.
• If the employee doesn’t have the original documents anymore, or if there’s a lot of new info, don’t worry. You can fill out a new Section 2 and attach it to the old form. Be sure to explain the change in the additional info box.

Now, to make this all less daunting, start planning ahead. Identify who you need to follow up with, and where they are. If possible, you can ask them to visit your location. If they can’t, you might need to find someone local to them (like a Notary Public) to do the checks for you. Just remember, you’re still responsible for making sure these checks are done correctly.

Finally, there’s a silver lining. The DHS proposed some alternatives last year, which could make these checks easier in the future. We don’t have all the details yet, but we’re keeping our eyes peeled for updates!

So, take a deep breath, you’ve got this! And remember, we’re always here to help if you need it.