DHS Again Extends I-9 Verification Flexibility

The U.S. Department of Homeland Security is further extending the relaxation of a requirement that employers verify a new hire’s employment eligibility in the applicant’s presence.

The agency announced it was again extending flexibility in its rules on the I-9 verification form through Nov. 19 due to the coronavirus pandemic.

This comes two months after DHS extended the deadline to Aug. 19 and marks the fourth time it has relaxed the requirement.

“This policy only applies to employers and workplaces that are operating remotely,” the agency said in a release.

“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 I-9, Employment Eligibility Verification.” 

Employers operating remotely must still inspect the Section 2 documents of Form I-9 by video, fax or email.

They must also provide written documentation of their onboarding telework policy for each employee.

Once the requirement is restored, all employees who were hired remotely must report to their employers within three business days for in-person verification.

The original order from March has more details.

Employers are required to monitor the DHS and ICE websites for additional updates on when the extensions will end and normal operations resume.