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COVID-19: DHS announces flexibility in physical presence requirements for employment eligibility verification

  1. Date Announced

    March 20, 2020

    COVID-19: Due to coronavirus, DHS defers physical presence requirements associated with Form I-9 (Employment Eligibility Verification) in certain circumstances, allowing remote inspection until normal operations resume. However, if any employees are physically present at the worksite, in-person verification is still required. [ID #587]

    View Policy Document
  2. Effective Date of Change

    March 20, 2020
  3. Subsequent Action

    September 15, 2020

    The COVID-19-related policy deferring physical presence requirements associated with Form I-9 (Employment Eligibility Verification) in certain circumstances is extended for an additional 60 days, until November 19, 2020.

    ICE website: ICE announces extension to I-9 compliance flexibility
Status: Final/Actual
Type of Action: Change in Practice
Subject Matter: Employment Verification
Agencies Affected: ICE

Prior Policies

  • In normal times, a new employee must present documentation to the employer from the Lists of Acceptable Documents (Form 1-9 Instructions) that establishes identity and employment authorization. The employer is normally required to review the documents in the employee's physical presence and must accept the documents if the document(s) reasonably appears to be genuine and to relate to the employee.

    8 CFR § 274a.2 - Verification of identity and employment authorization

Subsequent Action

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