In response to the change in work practices resulting from Covid-19, ICE (U.S. Immigration and Customs Enforcement) implemented a flexible I-9 policy enabling the remote verification of an employee’s identity and employment authorization documents. This policy only applies to employers operating completely remotely. An in-person verification is still required if the employee has a physical presence at the workplace.
Furthermore, employees hired on or after April 1, 2021 and working remotely due to Covid-19 related precautions, are temporarily exempt from the physical I-9 verification requirements until either they take up non-remote working conditions on a regular, consistent or predictable basis or until the extension of the flexible requirements expires.
For those who continue to operate remotely, employers must inspect the Section 2 documents remotely via video link, fax or email, and retain copies of the documents. The employer should write “Remote inspection completed on [insert date]" in the Section 2 Additional Information box or Section 3 for reverifications once the remote inspection is completed.
All employees who completed the remote I-9 document verification process must report to their employer within 3 business days of their return to normal operations to complete the in-person verification of their documents. Employers should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information box and “documents physically examined” with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3 as appropriate.
When this flexible policy ends, employers must conduct the in-person document inspection of all I-9s that were previously completed using virtual verification and this must take place within 3 days of resuming normal operations.
For further information on remote I-9 employment verification processes in the U.S., please contact the Sterling Lexicon immigration team.
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