DHS relaxes remote workers’ Form I-9 physical-presence requirements

The U.S. Department of Homeland Security (DHS) has deferred the physical-presence requirements associated with the employment eligibility verification Form I-9 under Section 274A of the Immigration and Nationality Act (INA) until May 31, 2021. The flexibility policy applies only to employers and workplaces operating remotely because of the COVID-19 pandemic.

How temporary policy works

For any employee hired after April 1, 2021, who is working exclusively in a remote setting, the employer won’t be required to review the individual’s identity and employment authorization document in person when carrying out its Form I-9 verification obligations if it’s taking physical proximity restrictions because of the COVID-19 pandemic.

The in-person verification exemption will continue until the employee is no longer in remote status on a regular, consistent, or predictable basis or within three business days after the DHS terminates the COVID-19-related flexibilities, whichever is earlier. Instead, employers must inspect the Section 2 documents remotely (e.g., via video link, fax, or e-mail) and obtain, inspect, and retain copies of the documents within three business days for purposes of completing Section 2.