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

Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced on March 20, 2020 that it 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 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 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 purposes of completing Section 2.  Employers should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field.

 

For additional instructions on completing Form I-9 during this time of National Emergency, please contact Susan Lane.