July 26, 2023

DHS Form I-9 Flexibility to End July 31st, 2023

Understanding the Form I-9 Requirement Flexibility

The U.S. Department of Homeland Security (DHS) introduced temporary flexibilities for Form I-9 compliance due to the COVID-19 pandemic. These flexibilities allowed employers to remotely inspect Section 2 documents and provided additional time for in-person verification. However, these temporary measures are set to end on July 31, 2023, and employers must return to standard compliance practices.

Using ProHire? See our tips at the end of the article to learn how ProHire can help you maintain compliance after this update.  


Action Items for Payroll Professionals

To ensure compliance with Form I-9 requirements and avoid potential penalties, film finance and payroll professionals should take the following actions (Disclaimer: this is not a comprehensive list of actions to take, but a suggested plan of action to being your compliance procedures).

Review and Update Processes

Evaluate your existing processes for Form I-9 completion and verification. Update your procedures to align with the standard requirements and eliminate any reliance on temporary flexibility measures.

Train Human Resources and Payroll Teams

Conduct training sessions to educate HR and payroll teams on the standard Form I-9 compliance rules. Emphasize the importance of timely completion, accurate documentation, and proper verification procedures.

Audit Form I-9 Records

Perform a thorough audit of all existing Form I-9 records. Identify any errors, incomplete sections, or missing documents. Correct any deficiencies and ensure that all forms are properly completed, signed, and dated.

Establish Document Verification Procedures

Reinforce the importance of physically inspecting original documents within three business days of the employee's start date. Establish clear procedures to verify document authenticity and maintain a record of the verification process.

Maintain Record keeping Compliance

Ensure that all Form I-9 records are stored securely and separate from other employee files. Maintain the records for the required retention period, as failure to do so may result in penalties during government audits.

Seek Legal Advice if Needed

If you have any uncertainties or questions regarding Form I-9 compliance, consult legal counsel specializing in employment and immigration law. They can provide guidance tailored to your specific situation and help address any potential compliance issues.


Film finance and payroll professionals must remain diligent in maintaining compliance with Form I-9 requirements. With the temporary flexibility measures ending on July 31, 2023, it is crucial to take proactive steps to ensure compliance and avoid penalties. Stay informed and adapt to the evolving landscape to ensure a successful and compliant business.  

Important Notice for ProHire Users

When an approver onboards a new employee and fills out the employment verification I-9 section, you’ll see this screen with language indicating verification is based on original documents.

If the employee has provided this information as part of the employee-specific on boarding, the approver can make use of the "Import I-9 Data" button (bottom left in image below) which imports the employee-entered form data. If this method is used, an additional authorization button is displayed which requires that the I-9 document be checked and authorized in order to complete the approval of the start.

After clicking the “Import I-9 Data” button, the additional authorization check box and language is displayed.

If the approver forgets to check the box, during final sign off and approval, the approver is presented with a warning message to go back and check the box or to provide their override to proceed without checking the box.

By stressing the requirement to review the original documents and collecting the approver sign off, it’s less likely you’ll forget this crucial step and easily remain in compliance!

Emily Winters

Customer Experience Manager

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