Form I-9 Flexibility Extended – Remote Employers

As a result of the COVID-19 pandemic, The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) extended the flexibility for completion of the Form I-9. 

The temporary guidance, which applies only to employers operating remotely, was due to expire on March 31st, however, it has been extended through May 31, 2021. 

Employers must inspect the Section 2 documents remotely (e.g., over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents, within three (3) business days in order to complete Section 2. Employers must list “COVID-19” as the reason for the physical inspection delay in the Additional Information field of Section 2. 

Once standard operations continue, all employees whose Form I-9 was completed remotely, must report to their employer within three (3) business days for in-person verification of identity and employment eligibility documentation for Form I-9. After the documents have been physically examined, the employer must add “documents physically examined” with the date of inspection to the Additional Information field of Section 2, or to Section 3 as appropriate. 

Employers who utilize this option must provide written documentation of their remote onboarding and telework policy for each employee. 

E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three (3) business days from the date of hire.

• USCIS