Remote Verification Option for Form I-9 Documents Extended Again
U.S. Immigration and Customs Enforcement (“ICE”) has extended the ability of employers to remotely verify the identity and employment authorization documents of new hires who will work off-site due to COVID-19 related precautions. The option to remotely verify documents for Form I-9 purposes has been extended through October 31, 2022.
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 on March 19, 2020, ICE suspended the physical inspection requirement and began allowing remote verification of identity documents for companies that operated remotely.
On April 1, 2021, ICE modified the policy so that it only applied to fully-remote employees. This newest announcement from ICE is an extension of the April 1, 2021 policy.
Please note that if the employee undertakes in-person employment on a regular, consistent, or predictable basis before October 31, 2022, the employer is subject to the pre-pandemic rules for in-person inspection of I-9 documents.
Current (COVID-Related) Protocol for Completing Form I-9s for Remote Employees
New-hires who will work exclusively in a remote setting due to Covid-19 do not need to have their identity and employment authorization documents reviewed in-person with the employer.
Instead, for fully remote employees, 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, if the employee starts to come into the office on a regular, consistent or predictable basis, the employer should physically inspect the identity and employment authorization documents in the presence of the employee within 3 business days of when they resume in-person employment.
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.