Because of COVID-19 precautions, the Department of Homeland Security (DHS) announced it will defer the physical presence requirements when reviewing an employee’s documents related to the Form I-9. These provisions may be implemented by employers for a period of 60 days from March 20, 2020 or within three business days after the termination of the National Emergency, whichever comes first.
This provision only applies to employers and workplaces that are operating remotely due to COVID-19. If the employee is physically present, no exceptions are being implemented at this time. Employers are still required to inspect the documents via video, fax, email, etc. and retain them within three business days. Within three business days of resuming normal operations, employees who were onboarded remotely must report to their employer for in-person verification.
For more information, visit https://www.uscis.gov/i-9-central/whats-new/whats-new.
