Relaxed Guidelines for In-Person I-9 Verification During COVID-19 Pandemic

Relaxed "Guidelines for In-Person I-9 Verification During COVID-19 Pandemic"

In March 2020, DHS issued guidelines intended to postpone employers' strict compliance with the part of the I-9 process that involves in-person review of original supporting documents establishing identity and authorization to work in the United States. DHS extended the guidelines to July 18, 2020 and then further extended them to August 19, 2020. The employer population eligible for relief is narrow because 100% of the employees must be remote. Additionally, the relief procedure is mechanically cumbersome: The employer representative verifying documents must remotely inspect the documents within the regular deadline, retain copies, provide the employer’s remote onboarding and telework policy for each employee, secure the remote-verified employee’s in-person verification within 3 business days after normal operations resume, and make special notes during the remote and delayed live verification. The DHS guidance is available here and implementation examples are available here.