On March 31, 2021, DHS announced another 60-day extension for remote Form I-9 inspection, with key clarifications: (1) an employer’s entire staff is no longer required to work virtually for the employer to use temporary flexibilities; (2) employees working remotely who were hired as of April 1, 2021 are exempt from the in-person Form I-9 identity verification until they resume regular non-remote employment, or the temporary flexibilities continue (3) employers may begin the in-person review of affected employees’ Form I-9 documentation before such employees return to in-person employment. Please see below for further details.
FORM I-9 ANNOUNCEMENT
Guidance on Form I-9 Temporary Flexibilities: Updated Information
On March 31, 2021, DHS announced another 60-day extension for remote Form I-9 inspection. The latest announcement includes clarification in three main areas:
1. An employer’s entire staff is no longer required to work virtually for the employer to use temporary flexibilities.
- Before April 1, 2021, if there were employees physically present at a worksite location, DHS did not permit policy exceptions of the in-person Form I-9 document examination requirements.
- DHS has clarified that employers do not need to have 100% percent of their staff working remotely to use the temporary flexibilities permitting remote inspection.
2. Provides greater flexibility for employers.
- 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.
- This flexibility ends once the employee undertakes non-remote employment on a regular, consistent, or predictable basis, or the extension of the remote inspection flexibilities related to such requirements is terminated, whichever is earlier.
3. Encourages employers to begin to address any physical inspection backlog.
- Some employers who used remote inspection for employees hired on or after March 20, 2020, have accumulated a backlog of Forms I-9 that require the physical inspection of identity and employment authorization documentation upon the affected employees’ return to in-person employment.
DHS’s March 31, 2021, guidance indicates that 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.
For more information, please see DHS Extends Form I-9 Requirement Flexibility (Effective Mar. 31, 2021).
If you have any additional questions, please feel free to contact E-Verify Customer Support.
