DHS announcement of March 20, 2020: flexibility in requirements related to Form I-9 compliance (with the March 31, 2021 update)

The record

Jurisdiction

United States

Level

Federal

Authority

INA § 274A, 8 U.S.C. § 1324a; 8 C.F.R. § 274a.2

Issued

2020-03-20 Mar. 20, 2020

Effective

2020-03-20

End

Initially 60 days; extended repeatedly; remote-only employees exempt from physical inspection from Apr. 1, 2021 until non-remote work resumed; flexibilities ended July 31, 2023 (read as 2021-09-30)

In force

Mar. 20, 2020 to Sept. 30, 2021

Quarters

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Telework mandateWorkplace rulesOther

Addressees

• employers with employees taking physical proximity precautions due to COVID-19
• employers and workplaces operating remotely

Functions reached

• HR hiring and onboarding in every industry
• OF telework
• WF

Collection

Travel, gatherings, courts and public offices ECO-C

Operative words

[DHS] will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Employers with employees taking physical proximity precautions due to COVID[-19 will not be required to review the employee's identity and employment authorization documents in the employee's] physical presence. However, employers must inspect the Section 2 documents remotely (e.g., over video link, fax or email, etc.)... Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee.... Effective April 1, 2021... [employees hired on or after April 1, 2020 who] work exclusively in a remote setting due to COVID-19-related precautions, they are temporarily exempt from the physical inspection requirements

Enforcement

Notes