Non-Benefits Employment Issues
I-9 Documentation and Remote Work The Department of Homeland Security (DHS) has announced that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9). This is due to the practical challenges of physically examining documentation in an environment where substantial portions of workforces are working at home due COVID-19 Shelter in Place orders. Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. Following are the alternate procedures that must be followed: 1. Employers must inspect the required documents remotely (e.g., over video link, fax or email, etc.) 2. Copies of the documents must be obtained, inspected, and retained within three business days for purposes of completing the I-9. 3. Enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume. 4. Once normal operations resume, documents must be physically inspected within three business days. 5. After physical inspection, add to the form “documents physically examined” along with the date of physical inspection to the Section 2 Additional Information field, or to Section 3 of the form, as appropriate.
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