DHS Announces Flexibility in Requirements Related to Form I-9 Compliance

The Department of Homeland Security (DHS) has deferred the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under the Immigration and Nationality Act (INA). 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. However, employers must inspect required 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.

Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee. 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.

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