I-9 Employment Verification Flexibility Extended Again

The Department of Homeland Security has again extended a requirement that employers review a new hire’s employment eligibility verification form in that person’s presence.

The agency announced the further suspension of the physical proximity requirement of Form I-9 was extended to Jan. 31, 2021, and only applies to employers and workplaces operating remotely.

The suspension, which DHS originally announced March 20, was extended several times due to the COVID-19 pandemic.

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

“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.”

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

Employers must also provide written documentation of their onboarding telework policy for each worker.

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

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