Mar 23, 2020 Immigration Law

I-9 Compliance During Office Closures

The Department of Homeland Security (DHS) has announced that employers and workplaces that are operating remotely due to the COVID-19 outbreak will not be required to be physically present to review employees’ identity and authorization documents for I-9 purposes. These employers must inspect such documents remotely (for instance, over video, fax or email) within 3 business days and complete Section 2 of Form I-9 as usual. Employers should maintain and provide written documentation of their remote inspection policy. 

Within 3 days after normal operations resume, employers should physically inspect the documents and enter “COVID-19” in Section 2 Additional Information field as the reason for the delayed physical inspection. After the physical inspection, employers should add “documents physically examined on [date]” to the Section 2 Additional Information field or to Section 3 as appropriate.

For employers whose workplaces remain open, the usual physical presence requirements apply.