An extension of the flexibilities in rules related to Form I-9 compliance has been declared by the U.S. Immigration and Customs Enforcement (ICE) in its latest announcement. Owing to the continued safety measures related to COVID-19, the Department of Homeland Security (DHS) has decided to extend the flexibility that was initially granted in March 2020 until May 31, 2021.

The Current Extension

The recent allowance includes guidance for employees hired on or after April 1, 2021, and for those who work exclusively in a remote setting due to the COVID-19-related precautions. According to ICE, such employees are temporarily exempt from the physical inspection requirements associated with Form I-9 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.

A Recap of the COVID-19- Related Flexibilities

As per its guidance issued on March 2020, DHS stated that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act.  It was mentioned that this policy solely applies to employers and workplaces that are operating remotely.  For those employees who were physically present at a work location, no exceptions were being implemented at that time for in-person verification of identity and employment eligibility documentation for Form I-9. Employers who were given the relaxation were instructed to:

• Provide written documentation of their remote onboarding and telework policy for each employee.
• Ask all employees who were onboarded using remote verification to report to their employer within 3 business days for in-person verification of identity and employment eligibility documentation for Form I-9 once normal operations resume.
• Add the phrase “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 once the documents have been physically inspected.
• Use the “in-person completed date” as a starting point for only any audit of subsequent Forms I-9 of the above-said employees.  
• Inspect the Section 2 documents remotely (e.g., 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.  
• Enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field once physical inspection takes place after normal operations resume.

How does Form I-9 compliance software help?

Worksite enforcement is an aspect of immigration enforcement that focuses on identifying the workers who are not authorized to work, and the employers who knowingly hire unauthorized workers. Employers need to be wary since ICE can examine your organization's records without prior information. Timely completion of Form I-9s, verification of all the supporting documents of employees, retention of the forms, and conduction of internal audits will prepare your organization for ICE raids. When you have to follow the best practices and error-free procedures in order to assure compliance, expert guidance from a Form I-9 compliance software can make things simpler.  

OnBlick is a SaaS-based product that has electronic Form I-9 and E-verify integration as its core features. Since OnBlick supports both paper & electronic versions of Form I-9, employers would find it beneficial when their teams work remotely. Moreover, OnBlick offers guidance on conducting internal audits. Try OnBlick today to learn how it facilitates Form I-9 Compliance.

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