Martin Immigration Law
  • Home
  • About
    • Publications
    • Privacy Policy
    • Texas Lawyer's Creed and SBOT Grievance Brochure
  • Blog
  • Services
  • FAQs and Videos
  • Contact
  • Useful Links
  • Fee increase
  • E Treaty countries

BLOG

Changes to I-9 Compliance Requirements During COVID-19 Pandemic

3/20/2020

0 Comments

 
Picture
The US government requires all employers to verify an employee's work eligibility within 3 days of hire. Under normal circumstances, an employer must verify the I-9 documents in-person. Many employers have asked what they should do when meeting in person is not possible due to the current health crisis. The Department of Homeland Security issued guidance today.

Reprinted below.


Due to precautions being implemented by employers and employees related to physical proximity associated with COVID-19, the Department of Homeland Security (DHS) announced today 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 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.  Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate.  These provisions may be implemented by employers for a period of 60 days from the date of this notice OR within 3 business days after the termination of the National Emergency, whichever comes first.  
 
Employers who use this option must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with the employers.
 
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.  Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate.
 
Any audit of subsequent Forms I-9 would use the “in-person completed date” as a starting point for these employees only.
 
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 I9, Employment Eligibility Verification. 

If newly hired employees or existing employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate this on a case-by-case basis. Additionally, employers may designate an authorized representative to act on their behalf to complete Section 2.  An authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf.  The employer is liable for any violations in connection with the form or the verification process, including any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf.”
 
Effective March 19, 2020, any employers who were served NOIs by DHS during the month of March 2020 and have not already responded will be granted an automatic extension for 60 days from the effective date.  At the end of the 60-day extension period, DHS will determine if an additional extension will be granted. 

DHS will continue to monitor the ongoing National Emergency and provide updated guidance as needed.  Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated, and normal operations will resume.

****************************************

If you have any questions, please contact us.
0 Comments



Leave a Reply.

    Lawyer Elaine Martin | Top Attorney Immigration

    RSS Feed

    View my profile on LinkedIn

        Author

    Elaine Martin has been practising US and global immigration law since 1997. She is an immigrant herself (from Ireland), so has a special understanding of the legal and emotional challenges involved in relocating to a new country.

    Picture

    Archives

    January 2021
    December 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    April 2018
    March 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    July 2017
    June 2017
    May 2017
    March 2017
    February 2017
    January 2017
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014

    Categories

    All
    Adjustment Of Status
    Affidavit Of Support
    Africa
    Algeria
    B-1 In Lieu Of H-1B
    Backlogs
    #borderwall
    Brazil
    Cameroon
    Cancellation Of Removal
    Chad
    China
    Citizenship
    Conditional Permanent Residence
    Coronavirus
    Corruption
    Covid19
    Cuba
    DACA
    DAPA
    Department Of Labor
    Department Of State
    Deportation
    Diversity Visa
    Donald Trump
    DOS Travel Warning
    DS-5540
    E-1
    E 2
    E-2
    EAD
    EB 5
    EB-5
    El Salvador
    Entrepreneur
    Environment
    F-1
    FAQ
    FCPA
    FIFA
    Filing Fees
    Green Card
    H 1B
    H-1B
    H-1B Portability
    H 2
    H-2
    H-2B
    H 4
    H-4
    Haiti
    Honduras
    I-407
    I-9
    I-90
    I-944
    #immigrationaction
    Infographic
    Investor
    Iran
    Iraq
    Israel
    J-1
    L 1
    L-1
    L-1B
    Labor Condition Application
    LCA
    Liberia
    Libya
    Lottery
    M-1
    Marriage Based
    Marriage-based
    Mexico
    Muslim
    Naturalization
    Nepal
    New Zealand
    Nigeria
    North Korea
    Notice To Appear
    Obama
    Overstay
    Permanent Residence
    Portability
    Poverty Guidelines
    Preference Categories
    Premium Processing
    Prevailing Wage
    Priority Dates
    Public Charge
    Reentry Permit
    Religious Workers
    Removal
    Returning Resident Visa
    Scam
    Schengen
    Shutdown
    Somalia
    Statistics
    Student
    Success Stories
    Sudan
    Supreme Court
    Syria
    TPS
    Travel Ban
    Undocumented
    USCIS
    VAWA
    Venezuela
    Video
    Violence Against Women Act
    Visa Bulletin
    Visa-bulletin
    Visa Waiver
    Yemen
    YouTube

    RSS Feed

Disclaimer
The information you obtain at this site is not, nor is it intended to be, legal advice from Dallas lawyer Elaine Martin. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.
© 2014-2020 by Martin Law Office, Dallas. All rights reserved.  Privacy Policy
Photos used under Creative Commons from andryn2006, susivinh, Simon & His Camera, lwpkommunikacio, NazionaleCalcio, RussBowling, Phillip Pessar, Hichem Merouche, Lars Plougmann, Colby Stopa, superscheeli, miguel.discart, Asian Development Bank, Tim simpson1, eurleif
  • Home
  • About
    • Publications
    • Privacy Policy
    • Texas Lawyer's Creed and SBOT Grievance Brochure
  • Blog
  • Services
  • FAQs and Videos
  • Contact
  • Useful Links
  • Fee increase
  • E Treaty countries