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How to check I-9 documents if your business is working remotely

April 2020 employment law letter
Authors: 
Sonseere H. Goldenberg, Felhaber Larson

COVID-19 seems to have disrupted most if not all of employers' ordinary practices and protocols. The duty to complete the Form I-9 for new employees is no exception.

COVID-19 spurs new guidance from DHS

On March 20, the U.S. Department of Homeland Security (DHS) finally released guidance for employers on how to complete Form I-9 when employees are working remotely because of COVID-19. It may be impossible and unsafe to meet with new hires in person. So, DHS is offering employers much-needed flexibility when it comes to complying with the in-person inspection requirement during the national emergency. For a limited time, you have the option to perform a remote inspection.

Note: If any employees are still working in person, you cannot use the remote-inspection option. The only exception for employers that still have employees onsite (at this time) is when a new or existing employee is subject to a COVID-19-related quarantine or lockdown. DHS will evaluate those situations on a case-by-case basis.

COVID-19 temporary adjustments

Employers don't have to physically inspect I-9 verification documents if they have closed their operations for COVID-19. Instead, follow these steps:

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