Friday, March 20, 2020: DHS Announced Flexibility in Form I-9 Compliance
The Department of Homeland Security (DHS) announced that due to COVID-19 precautions surrounding physical proximity, it is exercising discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form 1-9). 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.
Temporary Process
Employers must still inspect the Section 2 documents; however, employers may temporarily examine the documents remotely (e.g., over a video link, fax or email, etc.).
Once Normal Operations Resume
Employers should conduct a physical review of the documents and enter “COVID-19” as the reason for the physical inspection delay in “Section 2 Additional Information.” After physically inspecting the documents, the employer should add “documents physically examined” with the date of inspection to the Section 2 Additional Information field on the Form I-9, or to Section 3 as appropriate.
For How Long?
Employers may implement these provisions for 60 days from this announcement (March 20, 2020), or within three business days after the termination of the National Emergency, whichever comes first.
What about E-Verify?
E-verify is extending the timeframe to take action to resolve Social Security Administration (SSA) Tentative Non-confirmations (TNC) due to SSA office closure to the public. Employers are still required to create cases for their new hires within three business days from the date of hire and must notify an employee about their TNC result as soon as possible. After the employee is notified of their TNC and decides whether to take action to resolve the TNC, the employee should acknowledge the decision on the Further Action Notice, and the employer should notify E-Verify of their employee’s decision.
New temporary policies include the following:
- Employers must use the hire date from the employee’s Form I-9 when creating the E-Verify case. If case creation is delayed due to COVID-19 precautions, select “Other” from the drop-down list and enter “COVID-19” as the specific reason.
- Employers may not take any adverse action against an employee because the E-Verify case is in “interim case status,” or “extended interim case status.”
E-Verify Contact Center representatives are still available. Employers are still able to access their E-Verify accounts and, otherwise, process cases per usual.
