Form I-9 temporary measures: notating remote and physical inspection, temporary policies set to expire

The Department of Homeland Security (DHS) has posted instructions for employers on notating the Form I-9, Employment Eligibility Verification when conducting remote inspection under temporary measures due to COVID-19.

Key points:

• The temporary measures are set to expire July 19 unless they are further extended.
• Under the measures, employers who are operating 100% remotely because of COVID-19 may conduct remote inspection of employee documents, e.g. via email, fax or video link. The measures also require employers to follow certain procedures after reopening, including physical inspection of documents that were reviewed remotely within three days.
• The DHS examples demonstrate how employers should fill out the Form I-9 when conducting remote inspection and performing the mandatory physical inspection.

BAL Analysis: Employers should ensure that their Form I-9 policies are in full compliance. BAL has created an Executive Analysis of immigration considerations as businesses begin to reopen, including I-9 protocols. Read the full Executive Analysis here.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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