Here’s a brief breakdown of what is included and what employers need to consider about leveraging the flexibilities in I-9 requirements for remote workers:

One
The original guidance issued in March 2020 was updated in April 2021 and states that employees who were hired as of April 1, 2021 and working remotely are exempt from the in-person examination of their Form I-9 identity and employment eligibility documentation, even if some employees are working in-person at the employer’s worksite.

Two
Employees must be hired to work exclusively in a remote setting due to COVID-19-related precautions in order to be temporarily exempt from the physical inspection requirements associated with the Form I-9 until they return to non-remote work environment on a regular basis, or until the extension of the flexibilities related to such requirements is terminated, whichever is earlier.

Three
If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. However, if newly hired employees or existing employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate this on a case-by-case basis.

Four
Employers must inspect the Section 2 documents remotely and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2.

Five

Employers also should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume.

Six

Once the documents have been physically inspected, the employer should add “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. These provisions may be implemented by employers for a period of 60 days from the date of this notice or within 3 business days after the termination of the National Emergency, whichever comes first.

Seven

Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with the employers.

Eight

Once normal onsite workplace operations resume, all employees who onboarded using remote verification, must report to their employer within three business days for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. Once the documents have been physically inspected, the employer should add “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.

Nine

Any audit of subsequent Forms I-9 would use the “in-person completed date” as a starting point for these employees only.

Ten

Employers may designate an authorized representative to act on their behalf to complete Section 2. An authorized representative can be any person the employer designates to complete and sign Form I-9 on their behalf. The employer is liable for any violations in connection with the form or the verification process, including any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf.

Key Considerations

It’s important to note that employers must adhere to all guidance provided by the DHS as it relates to the flexibilities in I-9 requirements for remote employees. Failure to do so can land companies in hot water and result in costly fines and penalties.

At the end of the day, the employer is responsible for all I-9s on file and must be careful when selecting authorized representatives to complete Section 2, as the liability will fall on the employer. For companies that plan to eventually return to an in-person office environment may have a heavy backlog and 3 business days to complete physical document inspections can seem daunting and labor intensive.

In accordance with DHS's March 31, 2021 guidance, employers may in their discretion, begin the in-person examination of affected employees’ Form I-9 identity and employment eligibility documentation before such employees return to in-person employment. Having a well prepared plan and the right tools in place may also be crucial to successfully meeting these deadlines.

How an I-9 solution can help

Form I-9 compliance solutions like Clear I-9, can help to make sure every I-9 for both onsite and remote employees meets the most up-to-date I-9 regulations set forth by DHS. Staying on top of ever-changing Form I-9 requirements can be difficult, but it doesn’t have to be. Contact us to learn more about Clear I-9 or stay tuned to our blog for more Form I-9 and E-Verify information.