Temporary Flexibility of Form I-9 Requirements Related to COVID-19 for Remote Employees

On March 20, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. See the news release for more information on how employers with remote employees may obtain, remotely inspect, and retain copies of the identity and employment eligibility documents their employees provide to complete Section 2 of Form I-9. This provision only applies to employers and workplaces that are operating remotely.

Employers must monitor the DHS and ICE websites for additional updates about when the extensions will be terminated, and normal operations will resume.

E-Verify participants who choose the remote inspection option should follow current guidance and create cases for their new hires within three business days from the date of hire. Please see the E-Verify website for additional information.