Department of Homeland Security (“DHS”) recently announced an extension of the current flexibility associated with Form I-9 compliance. The announcement offers welcome relief to employers still struggling with the COVID-19 pandemic and comes as the U.S. government considers modification of the rules associated with I-9 verification to provide a permanent solution.
Form I-9, Employment Eligibility Verification is a standardized form used by the United States Citizenship and Immigration Services (“USCIS”) for employment verification in the United States. Mandated by the Immigration Reform and Control Act of 1986, Form I-9 is used to verify the identity and legal authorization of all employees who work in the United States. During the I-9 process, the employee must provide their employer with documentation that proves their legal status to work in the United States.
For most of its history, the I-9 process required an employer to physically examine an employee’s documentation for employment eligibility verification.
In March 2020, DHS began temporarily permitting remote I-9 verification for newly hired employees provided that the forms would be physically inspected following the employee’s return to on-site work. This flexibility gave employers the option to temporarily inspect documents remotely, whether over video link, fax, or email.
The original guidance provided by DHS indicated employers and...
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