Update: I-9 Document Review Requirements Deferment Extended

by | Apr 29, 2022 | Employment Law | 0 comments

i-9

DHS & ICE have again extended the flexibility in rules related to reviewing Form I-9 employment eligibility documents in person.  This provision was set to expire on April 30th, however, due to the continued precautions related to COVID-19, DHS has extended this policy through October 31, 2022.

Below is a summary of the original guidance for reference.

The Department of Homeland Security (DHS) announced on March 20, 2020, that it will defer the requirements for employers to review Form I-9 documents in-person with new employees. The change applies to employers and workplaces that are operating remotely only.  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. 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.

In these remote work situations employers must follow these steps:

  • Employers must inspect the Section 2 documents remotely (e.g., over 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 also should enter “COVID-19” 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.
  • Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with the 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 for Form I-9, Employment Eligibility Verification.
  • 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.