Form I-9: DHS Announced Flexibility in Requirement
In response to the
Coronavirus (COVID-19) National Emergency Declaration, the United States Department of Homeland Security (DHS)
announced temporary modifications to the Form I-9, Employment Eligibility Verification process and enforcement actions. Changes range from remote verification to E-Verify’s indefinite response extensions.
The DHS has temporarily halted the requirement that employers physically review employee identification and employment authorization documents when completing Form I-9.
DHS will exercise discretion to “defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Employers with employees taking physical proximity precautions because of COVID-19 will not be required to review individual employee identity and employment authorization documents in an employee’s physical presence.
However, 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 the purposes of completing Section 2.
Employers also should enter as the reason for the physical inspection delay “COVID-19” 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 Form I-9, or to section 3 as appropriate.
These provisions may be implemented by employers for a period of 60 days from the date of this notice (March 20, 2020) OR within 3 business days after the termination of the National Emergency, whichever comes first.
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.
In addition, effective March 19, 2020, employers who received Notice of Inspections (NOIs) by the DHS in the month of March will be granted an automatic 60-day extension. At the end of the 60 days, DHS will determine if an additional extension is needed.
Click
here for the full announcement.
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