On March 20, 2020, the U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) set up temporary guidance with requirements related to Form I-9 because of the COVID-19 pandemic. Employers can inspect eligibility documents used to complete Section 2 of the Form remotely (e.g., over fax, email, video, etc.) and gather, inspect, and maintain copies of the documents.
This flexibility guidance applies to employers operating remotely due to COVID-19 precautions with remote employees that participated in remote completion of Section 2 of Form I-9.
This policy has been extended regularly by DHS. It most recently has been extended through August 31, 2021. You can read about the original policy, the temporary extension and the other temporary guidelines here.
Effective September 1, 2021, employers will be required to physically inspect the documents that were provided virtually.
Each I-9 must:
- Have original documents and work authorization documents physically examined.
- Document correctly with COVID-19 and documents physically examined.
- Include copies of the examined documents presented for Section 2 of Form I-9.
- Include a copy of your company’s telecommuting/remote work policy.
To view examples of how to remotely and physically inspect Form I-9click here.
USCIS policy states that the employer is still liable for any violations related with the Form I-9 or the verification process. Therefore, employers participating in the remote verification process for Form I-9 must ensure to bring submitted documents back into alignment with government requirements once the flexibility period has ended.
An increasing number of employers are finding themselves in a tough spot when it comes to managing Form I-9 compliance. If you’re one of them, don’t worry! MyHRAdvisors is here for your assistance with the tedious and time consuming process that many businesses struggle to keep up with.