This flexibility deferred the physical presence requirements associated with Form I-9, Section 2, to complete the review of acceptable documents to determine identification and authorization to work in the United States. Business Information Group has previously reported on these flexibility requirements.

During this "flexibility period" 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. However, 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 for purposes of completing Section 2.

DHS and ICE extended the flexibility ten times over the past year and a half. The current extension (through August 31, 2021), includes guidance for employees hired on or after June 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions. Those employees are temporarily exempt from the physical inspection requirements associated with the Form I-9 until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.

Once normal operations resume, all employees onboarded using remote verification must report to their employer within three (3) business days for in-person verification of identity and employment eligibility documentation for Form I-9. ICE noted, "Employers also should 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." Moreover, once the the employer physically inspects the documents they should add "documents physically examined" with the inspection date to the Section 2 "additional information field" on the Form I-9, or section 3 as appropriate.

For more information, visit: https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/dhs-extends-form-i-9-requirement-flexibility-effective-june-1-2021

Posted: June 16, 2021

All Rights Reserved © 2021 Business Information Group, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.