Department of Homeland Security (DHS)

03.24.20Baylee Olsen

The Department of Homeland Security announced on March 20, 2020, the requirements for employers to review Form I-9 documents in-person with new employees for those employers and workplaces that are operating remotely will be deferred for sixty (60) days from March 20, 2020, or within three business days after the termination of the national emergency, whichever comes first. Employers must still inspect the Section 2 documents over video conference, fax, or e-mail and obtain and retain copies of the documents within three business days and enter “COVID-19” as the reason for the physical inspection delay in the additional information field in Section 2. Once operations resume, all employees onboarded using remote verification will be required to report to their employer within 3 business days for in-person verification of identity and employment eligibility documentation. The DHS states “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 implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.” For full details and guidelines for review and verification procedures, please refer to the link below.