Beginning March 19, 2020, the Department of Homeland Security (DHS) allowed discretion for employers and employees to defer physical presence requirements associated with the Form I-9. This flexibility has been extended once more in an abundance of caution as the COVID-19 pandemic persists.

While the new extension states that this flexibility applies to "employers operating 100% remotely in light of COVID-19", the language is not intended to exclude all employers with an in-office presence - there are exceptions based on the employers' policies. Essentially the exception is adoptable by an employer if they can reasonably justify why employees in their office are unable to complete the document inspection portion of Form I-9.

The USCIS's recommendation is to document the company's remote onboarding and telework policy, including the in-office availability of Form I-9 authorized representatives, when utilizing the temporary flexibility related to Form I-9 compliance.

For more details regarding the permissible Form I-9 work-around process, please see our original article.

If you have any additional questions, please contact your sales executive, account manager, or our customer service team.

SOURCE: U.S. Immigration and Customs Enforcement

Posted: June 16, 2020

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