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Temporary COVID-19 Form I-9 Policies Continue

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The U.S. Department of Homeland Security (DHS) announced it will extend the remote I-9 policy—with further extensions possible—that was implemented in March. The policy allows flexibility in the completion of Form I-9 for employers and employees affected by the COVID-19 pandemic, the details of which we covered thoroughly in our blawg, “I-9 in the Age of COVID-19.”

Guidance on Processing Form I-9 

In addition to the extension of the remote I-9 policy, the DHS has provided updated guidance on how to remotely process I-9s and handle identity documents, as well as the procedure for the physical inspection required at a later day. They also published Form I-9 examples demonstrating how employers should complete and update the form upon reopening. The examples show how to:
The published I-9 examples specifically cover how an employer should:
  • Complete Section 2 remotely
  • Update the I-9 when normal operations resume
  • Proceed if the person who performed the remote inspection cannot also perform the physical inspection
  • Properly enter an expired-but-extended List B document in Section 2
  • Update Section 2 once the employee presents the renewed, unexpired document when normal operations resume

GoffWilson Immigration Law

We encourage employers to review the published examples and use them as guidance when completing/updating Forms I-9 for affected employees. GoffWilson has decades of experience in I-9 compliance and is a go-to resource for any Form I-9/E-Verify questions. Contact us today for assistance.

Filed under:Form I-9 Compliance, Immigration Law