April 13, 2020

For those employers who are operating a remote workforce and taking physical proximity precautions due to COVID-19, the Department of Homeland Security has offered some welcome news regarding completion of the Form I-9.  Section 2 of the Form I-9 is to be completed in the physical presence of the new employee and either the employer or an agent of the employer must physically examine the List A or List B and List C document presented.  However, that rule has been relaxed and now employers may inspect the Section 2 documents remotely via video link, fax or email.  There are some caveats with this, though, that employers should be aware of:

·         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.

·         Once the documents have been physically inspected, 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.

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

·         This provision only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of Section 2 documents, unless the employee is exhibiting COVID-19 symptoms.