Form I-9 Work Authorization Documentation Can Be Reviewed Remotely During the Coronavirus “Shutdown”

Among the more frequent COVID-19-related inquiries NT Lakis has received is how employers should complete the Employment Eligibility Verification “Form I-9” for new hires who will start work remotely. Specifically, the inability to interact with new hires face-to-face raises the question of how employers will comply with the strict I-9 requirement that a new hire’s authorization documentation must be physically reviewed in person no later than the third day after the employee’s start date.

Fortunately, the issue has been addressed via a recent announcement by the U.S. Department of Homeland Security (DHS) that employers who have implemented remote working policies in response to COVID-19 will not be required to review the employee’s employment authorization documentation “in person” when completing the Form I-9. Rather, employers can inspect the authorization documents remotely (e.g., over video or email) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing the I-9.

Members of the Center for Workplace Compliance (CWC) can read more here.