Remote Inspection of I-9 Documents Now Permitted in Limited Circumstances During Coronavirus Emergency
Workers

Immigration and Customs Enforcement (“ICE”) has announced that effective immediately, “employers taking physical proximity precautions due to COVID-19” will be temporarily allowed to review new employees’ “section 2” documents remotely when completing I-9 forms.  This can include, for example, reviewing the documents via web camera or emailed images.  This relaxes long-standing policy that ordinarily requires a physical, in-person inspection.

Bear in mind, however, that:

  1. The flexibility is only available when because of COVID-19 arrangements specifically, there are no employees physically present at what would otherwise be the employee’s work location;
  2. An employer that uses this option must provide written documentation of its “remote onboarding and telework policy for each employee” – so far, the agency has not provided detailed guidance on what this means;
  3. The employer should still retain copies of the remotely-inspected documents – e.g., the photos, still frames from the video, etc.;
  4. In the section 2 “additional comments” field of the form, the employer should note the delay in physical inspection and give “COVID-19” as the reason;
  5. Once the employer resumes normal operations, it must physically examine the documents, in person, within three business days, and make a notation of this on the I-9 form, including the date on which it was done; and
  6. This flexibility will last until the earlier of (i) May 19, 2020, or (ii) the third business day following “the termination of the National Emergency.”

NOTE: The ICE announcement supersedes a portion of the guidance previously published on this blog in section IV of this March 20, 2020 article.

Posted in COVID-19

This blog/web site presents general information only. The information you obtain at this site is not, nor is it intended to be, legal advice, and you should not consider or rely on it as such. You should consult an attorney for individual advice regarding your own situation. This website is not an offer to represent you. You should not act, or refrain from acting, based upon any information at this website. Neither our presentation of such information nor your receipt of it creates nor will create an attorney-client relationship with any reader of this blog. Any links from another site to the blog are beyond the control of Pullman & Comley, LLC and do not convey their approval, support or any relationship to any site or organization. Any description of a result obtained for a client in the past is not intended to be, and is not, a guarantee or promise the firm can or will achieve a similar outcome.

PDF
Subscribe to Updates

About Our Labor, Employment and Employee Benefits Law Blog

Alerts, commentary, and insights from the attorneys of Pullman & Comley’s Labor, Employment Law and Employee Benefits practice on such workplace topics as labor and employment law, counseling and training, litigation, union issues, as well as employee benefits and ERISA matters.

Other Blogs by Pullman & Comley

Connecticut Health Law Blog

Education Law Notes

For What It May Be Worth

Recent Posts

Archives

Jump to Page