As employers and employees continue to take physical distancing precautions in response to COVID-19, U.S. Immigration and Customs Enforcement (“ICE”) has once again extended the ability of employers to remotely verify a new employee’s identify and employment authorization documents for Form I-9 purposes through December 31, 2020, provided the employer continues to have its employees working remotely. 

Normally, immigration regulations require that employers physically inspect a new employee’s identity and work authorization documents when completing Form I-9, Employment Eligibility Verification, but since March 19, 2020, ICE has suspended the physical inspection requirement and began allowing remote verification of identity documents. 

What is the New Protocol for Completing Form I-9s?

Employers who continue to implement work-from-home policies due to COVID-19 do not need to review the employee’s identity and employment authorization documents in-person with the employee.  

Instead, employers are required to:

• Inspect Form I-9, Section 2 documents remotely (e.g. over fax, video, email, etc.)

• Obtain, inspect, and retain copies of the documents within 3 business days 

However, employers should physically inspect the identity and employment authorization documents in the presence of the employee within 3 business days of resuming normal operations at the workplace.

For more information on DHS’s temporary guidance, please see the full DHS announcement. 

This alert is for informational purposes only.  Please contact us if you would like to discuss this development further.