I-9 Requirements for In-Person Document Review Deferred

 
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DHS has announced some flexibility around in-person document review requirements when onboarding new employees.

Effective: March 20, 2020 – May 19, 2020 or within three business days after the termination of the national emergency, whichever comes first.

Take note: The new rules apply to employers and workplaces “that are operating completely remotely,” according to DHS. This is not an option if any employees are physically present at the work location. Employers who use this option “must provide written documentation of their remote onboarding and telework policy for each employee."

What’s New

The U.S. Department of Homeland Security (DHS) is deferring the requirements for employers to review Form I-9 documents in-person with new employees.

"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," DHS said.

Employers must:

  • Inspect the Section 2 documents over video conference, fax, or e-mail and obtain and retain copies of the documents within three business days. Enter "COVID-19" as the reason for the physical inspection delay in the additional information field in Section 2.

  • Physically inspect documents once normal operations resume. Within three business days after resumption of normal operations, any employee who onboarded using the remote verification will need to physically present their identity and employment eligibility documentation for in-person 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.

The Society for Human Resource Management (SHRM) had asked DHS to approve the temporary suspension of Form I-9 and related E-Verify completion-time requirements and temporarily allow virtual verification of identity and work-eligibility documentation.

More information from SHRM about complying with I-9 requirements is available here. The full announcement from DHS is here.

Questions about your compliance with federal or state employment laws? Our Employment attorneys have extensive experience in both public and private employment law, and are ready to help. Contact us at 859.255.8581 or via email for more information.

KMC, EmploymentAnn Mary QuarandilloArticles