On March 20, 2020, the U.S. Department of Homeland Security (DHS) announced that it will defer the physical presence requirements associated with the processing of Form I-9 employment eligibility verification for employees.
Here are the highlights:
- Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence.
- Employers must inspect the Section 2 documents remotely (e.g., over a video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2.
- Employers may take advantage of these remote verification requirements for a period of 60 days from today — the date of the DHS notice OR within 3 business days after the termination of the National Emergency, whichever comes first.
- Employers who avail of this option must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with employers.
- Once normal operations resume, all employees who were onboarded using remote verification must report to their employer within three business days for in-person verification of identity and employment eligibility documentation.
- Once the physical inspection of documents has taken place, employers should enter in “Section 2. Additional Information” box (or section 3 as appropriate) of Form I-9:
- “COVID-19” as the reason for the physical inspection delay, and
- “documents physically examined” with the date of inspection.
- Any audit of subsequent Forms I-9 would use the “in-person completed date” as a starting point for the affected employees only.
- This remote verification requirements provision only applies to employers and workplaces that are operating remotely.
- If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.
- However, if newly hired employees or existing employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate this on a case-by-case basis.
- Employers may designate an authorized representative to act on their behalf to complete Section 2 of Form I-9. An authorized representative can be any person the employer designates to complete and sign the Form I-9 on their behalf. However, the employer is liable for any violations in connection with the form or the verification process, including any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf.
