DHS is temporarily allowing employers to remotely inspect identity and work authorization documents when completing the Form I-9 Employment Eligibility Verification:
The Department of Homeland Security (DHS) announced on March 20, 2020, that employers that are having employees taking precautions to not come into the workplace due to COVID-19 will not be required to have new employees physically present their original documents to the employer, for the completion of the Form I-9 Employment Eligibility Verification.
Instead, employers have the option to complete the Form I-9 by remotely inspecting the required (Section 2) documents (for example using video conferencing, fax, email, etc.) and obtaining, inspecting, and retaining copies of the documents within three business days, so that the employer can complete Section 2 of the Form I-9. Employers who use this option should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 “Additional Information” field.
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 the 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. Any audit of subsequent Forms I-9 would use the “in-person completed date” as a starting point for these employees only.
These provisions may be used by employers for a period of 60 days from March 20, 2020, OR within 3 business days after the termination of the National Emergency, whichever comes first. Employers who use this option must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with employers. This 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 allowed 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.
Alternatively, employers may designate an authorized representative to act on their behalf to physically inspect the original documents and complete Section 2 on the employer’s behalf. An authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf. The employer remains liable for any violations in connection with the Form I-9 or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf.
Also, effective March 19, 2020, any employers who were served a Notice of Inspection (NOI) by DHS during the month of March 2020 and have not already responded will be granted an automatic extension for 60 days from March 19, 2020. At the end of the 60-day extension period, DHS will determine if an additional extension will be granted.
Going forward DHS will continue to monitor the ongoing National Emergency and provide updated guidance as needed. Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated, and normal operations will resume.