DHS Extends Relaxation of Form I-9 Physical Verification Requirement

The U.S. Department of Homeland Security will continue to relax a requirement that employers verify a new hire’s employment eligibility form in the applicant’s presence.

The DHS announced it was further extending flexibilities in its rules on the I-9 verification form through Aug.19 due to the coronavirus pandemic.

It only applies to employers and workplaces operating remotely.

The agency initially relaxed the physical proximity requirement for form I-9 for 60 days in March when the virus first started taking hold.

It was extended for 30 days on May 19 and again on June 19 before the most recent 30-day extension.

Documentation Requirements

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

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

Once normal operations resume, all employers who were hired remotely must report to their employers within three business days for in-person verification.

More details are contained in the original order from March.

Immigration and Customs Enforcement also announced that after July 19, it will no longer grant extensions to employers who were served notices of inspection by ICE in March 2020.

Employers should continue to monitor the ICE and DHS websites for updates on any further extensions and when normal operations will resume.