I-9 Verification COVID-19 Update
In March, the U.S. Department of Homeland Security (DHS) updated their I-9 employment verification procedures in light of the pandemic by making their procedures and requirements more flexible. The Immigration Reform and Control Act of 1986 generally requires employers to verify the identity and employment eligibility of all their employees hired in the United States by completing and keeping a record of the I-9 Employment Eligibility Verification Form. The traditional process required the employer to physically inspect the identity and employment eligibility documentation provided but he employee in the employer's physical presence, then sign and retain a copy of the form.
DHS recognizes the challenges that are imposed on employers to verify their employees' work eligibility remotely, since employers are still allowing or requiring their employees to continue working remotely and social distance as the pandemic has continued to effect employers and employees much longer than was originally anticipated. In light of that, DHS has decided to extend their flexible guidelines, which began on March 20, 2020, for an additional 30 days, until September 19, 2020. However, employers should note that the flexible parameters offered by DHS are only valid for employers and workplaces that are operating entirely remotely.
The modified procedures allow for employees that are social distancing and working remotely to forgo the in-person inspection of the identity and employment eligibility documentation, in favor of remote verification, such as via video conferencing. If there are employees physically present at a work location, no exceptions are being implemented for in-person verification of identity and employment eligibility documentation for form I-9. However, exceptions are being provided for newly-hired employees or existing employees that are subject to COVID-19 quarantine or lockdown-protocols, but these situations are being evaluated on a case-by-case basis.
Employers exercising this option are required to provide written documentation of their remote onboarding and telework policy to each employee. Employers exercising this option should note "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. Once physically inspected, the employer should also note "documents physically examined" with the date of inspection in the Section 2 "Additional Information" field on the I-9 form or to Section 3, if appropriate. This physical inspection just be conducted within three business days once normal operations resume.
Employers should be sure that they're complying with the requirements and that their I-9s are being completed correct so that when Immigration and Customs Enforcement resumes their I-9 audits, the employer does not get fined. Fines for I-9 violations are $232 to $2,292 per violation. Before the surge of COVID-19, the Trump Administration was aggressively performing I-9 audits.
Contact us if you have any questions about your I-9 process and whether you qualify for an exception.
Resources:
https://www.uscis.gov/i-9-central/form-i-9-related-news/form-i-9-requirements-flexibility-extended-for-an-additional-30-days
https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance#wcm-survey-target-id
