The Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) recently announced temporary flexibility in compliance with Form I-9 requirements during remote on-boarding. The article link below gives specific info on how employers with remote employees can obtain, remotely inspect, and comply with Section 2 of Form I-9.
Here’s a quick read on the latest developments:
- The in-person requirement for the Form I-9 is temporarily suspended for companies closed or working remotely due to COVID-19. Employers will not be required to review employee identity and related documents in the employee’s physical presence. Instead, inspection of Section 2 documents will take place remotely (e.g., over video link, fax or email, etc.).
- Employers must still create a case in E-Verify within three business days from the date of hire. “COVID-19” is entered as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume.
- Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate.
- Once normal operations resume, all employees on-boarded using remote verification must—within three business days—complete in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.