The physical presence requirement of the Employment Eligibility Verification, Form I-9, requires that employers, or an authorized representative, physically examine, in the employee’s physical presence, the unexpired document(s) the employee presents from the Lists of Acceptable Documents to complete the Documents fields in Form I-9’s Section 2. On March 20, 2020, the Department of Homeland Security announced that effective immediately, the physical presence requirement has been temporarily suspended for employers and workplaces that are operating remotely due to COVID-19 related precautions. In other words, employers with employees taking physical proximity precautions due to COVID-19 (and operating remotely) are not required to review the employee’s identity and employment authorization documents in the employee’s physical presence. On August 18, DHS announced another 30-day extension of this temporary rule. The rule is now set to expire on September 19, 2020. The USCIS has guidance, including example forms, is available here. Limitations and Liabilities
Section 2 Documents Must be Inspected Remotely
Employers may implement remote document inspections until May 19, 2020 (“up to 60 days from the date of the announcement”) or within three business days after the termination of the National Emergency, whichever comes first. Importantly, employers who implement remote onboarding and telework policies must provide documentation for each employee. This burden rests solely with the employers. In-Person Verification Required after Normal Operations Resume Any audit of subsequent Forms I-9 would use the “in-person completed date” as a starting date for record retention purposes for these employees only. Content courtesy of the HR Support Center – https://affiliatedpayroll.myhrsupportcenter.com |

In Person I-9 Inspection Requirements Temporarily Relaxed
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