The Department of Homeland Security (DHS) has announced that employers should continue using the current Form I-9 (Employment Eligibility Verification) until further notice. Separately, the DHS announced that employers will be allowed to inspect Form I-9 documents remotely in certain situations related to COVID-19 until July 31, 2023. Prior to the announcement, this temporary policy was set to expire on Oct. 31, 2022.
The Form I-9 is used to verify a new hire's identity and work authorization. All employers must ensure that each employee properly completes the I-9 at the time of hire.
The Details:
I-9 Expiration Date Approaches:
The current edition of the I-9 has an expiration date of Oct. 31, 2022. The DHS says employers should continue using this version until further notice. The DHS will publish a notice to announce the new version of the I-9 once it becomes available.
Remote Inspection:
By way of background, the I-9 is broken out into multiple sections:
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Section Name
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Section Overview
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Completion Deadline
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Section 1
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Employee must attest that they are authorized to work in the U.S.
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The employee's first day of work for pay
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Section 2
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Employee must present certain identity and work authorization documents. The employer must examine the document(s) to determine whether they reasonably appear to be genuine and relate to the employee. Employers must record the document number(s) here.
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Within 3 business days
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Section 3
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If an employee's employment authorization expires, they must present new or updated document(s) and the employer must examine and record the document number(s) here. Employers may also be required to complete this section when rehiring a former employee, depending on how much time has passed.
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No later than the date employment authorization expires
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List of Acceptable Documents
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List A documents establish both identity and employment authorization. List B documents establish identity only. List C documents establish employment authorization only.
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This section does not need to be completed. It's for informational purposes only.
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Generally, employers must inspect Section 2 documents in the employee's physical presence.
Temporary Policy for Remote I-9 Document Inspection:
Under the temporary policy, if employees hired on or after April 1, 2021 work exclusively in a remote setting due to COVID-19-related precautions, they are temporarily exempt from the physical inspection requirements until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier. In situations in which the policy applies, employers must inspect the Section 2 documents remotely (such as, over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2.
Once normal operations resume, all employees who were 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. Once acceptable 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. Employers should enter "COVID-19" as the reason for the physical inspection delay.
Employers that use this option must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with the employer.
Next Steps:
- Continue to use the current version of the I-9 until further notice from the DHS.
- If you qualify for the temporary exemption from the in-person inspection requirement:
Please contact your ADP service professional if you have any questions.