Smart Benefits: Temporary Flexibility for Employers’ I-9 Compliance Rules
Sunday, April 05, 2020
As most businesses are aware, the Department of Homeland Security (DHS) and US Citizenship and Immigration Services (USCIS) require that employers complete and retain a form I-9 for each of their employees.
Typically, Section 2 of the form I-9 must be completed in person so that the company representative can personally inspect the employee’s original identification and employment authorization documents. Given the current COVID-19 outbreak, however, the DHS has issued an exception to this rule in order to accommodate employers that are operating remotely.
Effective for 60 days from March 20, 2020, unless otherwise noted by DHS, employers who are taking “physical proximity precautions due to COVID-19” by having their staff work remotely will not be required to inspect employees’ identification and employment authorization documents in person. Instead, they may inspect remote employees’ documents via video, email, fax, etc. Employers should retain copies of these documents with the form I-9 until a time when they can be inspected in person.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTTo comply with these provisions, remote employers should take the following steps:
· Have the new hire complete I-9 Section 1 on or before their date of hire as usual. If you typically perform this task using a paper form in person, instead, have the new hire fill out Section 1 digitally or physically and send it to you for completion.
· You still need to complete I-9 Section 2 within three business days, so have the new hire share their identification and employment authorization documents with you as described above. Pending physical inspection, be sure to retain copies of these documents along with the I-9, even if it is not your usual practice to do so.
· As soon as normal operations resume, have the employee present the same IDs for your physical inspection and verification. At that time, enter “documents physically examined” along with the date of inspection in the additional information field on I-9 Section 2 (or Section 3, if applicable). You should also add “COVID-19” as the reason for the delay.
· Please note that these emergency I-9 processing rules only apply to new hires/employees who are operating remotely. If some of your workforce is remote and others are working on-site, physically present employees should complete their I-9 as normal.
Be sure to make your Human Resources team and all hiring managers aware of this DHS guidance, including the new processes that should be followed until further notice. And keep track of all employees whose I-9s are processed in this manner so that you can physically inspect their IDs and update their forms at the earliest available opportunity.
Rob Calise is the Managing Director, Employee Benefits of The Hilb Group of New England, where he helps clients control the costs of employee benefits by focusing on consumer-driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance
