Remote I-9 rules extended to September 19, 2020

BY Jason Gerrol

On August 18, 2020, the Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement (ICE) announced the extension of the Form I-9, Employment Eligibility Verification, remote inspection rules for an additional 30 days until September 19, 2020.

Under the relaxed rules, an employer does not need to physically examine original document(s) in the physical presence of the employee, and instead may conduct the inspection of documents remotely (e.g., by video, fax, or email) and not in the employee's presence. The relaxed rules apply only to workplaces that are operating remotely, and employers should review the original notice regarding how to complete the Form I-9 if availing themselves of the remote inspection rules.

In addition, DHS has provided examples of how to complete Form I-9 if utilizing one of the temporary COVID-19 policies, including the temporary policy allowing employers to accept I-9 List B documents expiring on or after March 1, 2020.

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Jason Gerrol

Of Counsel

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