Q&A reference Updates and
Temporary changes to Form I-9
and E-Verify due to COVID-19
Dave Basham
COVID-19: Form I-9 Physical Document Review Flexibility
On March 20, the Department of Homeland Security (DHS) and U.S. Immigration and Customs
Enforcement (ICE) announced flexibility in complying with requirements related to Form I-9, due to
COVID-19
 Applies only to employers and workplaces that are operating remotely and employers must
provide written documentation of their remote onboarding and telework policy for each
employee. This burden rests solely with the employers.
 Employers must inspect the Section 2 documents remotely and obtain, inspect, and retain
copies of the documents, within three business days for Section 2
 Enter “COVID-19” in the Section 2 Additional Information as reason for physical review delay
 Within 3 days of normal operation resumption, physically inspect documents with the
employee present
 Write “documents physically examined” with the date of inspection to the Section 2 Additional
Information field on the Form I-9, or to section 3 as appropriate
These provisions may be implemented by employers for a period of 60 days from March 20, 2020
OR within 3 business days after the termination of the National Emergency, whichever comes first.
Please see the I-9 Central and the ICE news release for additional information.
25/18/2020Q&A session
Temporary Policy Resources due to COVID-19
Topic: Form I-9 Physical Document Review for Section 2
Employers and workplaces that are operating remotely may follow the DHS news release that announced
flexibility in requirements related to Form I-9. Additional guidance can be found at our Q&A webpage.
Topic: Renewal of List B Identity Documents
Because many areas are under stay-at-home orders due to COVID-19 and some online renewal services
have restrictions, employees may experience challenges renewing certain List B documents. DHS has
issued a temporary policy regarding expired List B identity documents used to complete Form I-9,
Employment Eligibility Verification. More information can be found at I-9 Central What’s New.
Topic: Form I-9 Completion by Non E-Verify Agricultural Employers of Certain H-2A workers
On April 20, the Department of Homeland Security published a temporary final rule to amend certain H-2A
requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment
during the coronavirus (COVID-19) public health emergency. The temporary final rule expires on August 18,
2020. See more information at the H-2A Temporary Agricultural Workers page.
Topic: E-Verify Extended Timeframes to take action to resolve Tentative Nonconfirmations
E-Verify is extending the timeframe to take action to resolve certain Tentative Nonconfirmations (TNCs) due
to SSA and other office closures to the public. See E-Verify What’s New.
35/18/2020Q&A session
Resources
 I-9 Central What’s New
 E-Verify What’s New
 DHS News Release of March 20th
 Temporary I-9 & E-Verify Policy changes due to COVID
 Form I-9 and E-Verify webinars
 Call (888) 464-4218 with any I-9 or E-Verify questions
Mon-Fri, 8:00am-5:00pm
45/18/2020Q&A session

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Updates and temporary changes to Form i 9 and E-verify due to COVID-19

  • 1. Q&A reference Updates and Temporary changes to Form I-9 and E-Verify due to COVID-19 Dave Basham
  • 2. COVID-19: Form I-9 Physical Document Review Flexibility On March 20, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced flexibility in complying with requirements related to Form I-9, due to COVID-19  Applies only to employers and workplaces that are operating remotely and employers must provide written documentation of their remote onboarding and telework policy for each employee. This burden rests solely with the employers.  Employers must inspect the Section 2 documents remotely and obtain, inspect, and retain copies of the documents, within three business days for Section 2  Enter “COVID-19” in the Section 2 Additional Information as reason for physical review delay  Within 3 days of normal operation resumption, physically inspect documents with the employee present  Write “documents physically examined” with the date of inspection to the Section 2 Additional Information field on the Form I-9, or to section 3 as appropriate These provisions may be implemented by employers for a period of 60 days from March 20, 2020 OR within 3 business days after the termination of the National Emergency, whichever comes first. Please see the I-9 Central and the ICE news release for additional information. 25/18/2020Q&A session
  • 3. Temporary Policy Resources due to COVID-19 Topic: Form I-9 Physical Document Review for Section 2 Employers and workplaces that are operating remotely may follow the DHS news release that announced flexibility in requirements related to Form I-9. Additional guidance can be found at our Q&A webpage. Topic: Renewal of List B Identity Documents Because many areas are under stay-at-home orders due to COVID-19 and some online renewal services have restrictions, employees may experience challenges renewing certain List B documents. DHS has issued a temporary policy regarding expired List B identity documents used to complete Form I-9, Employment Eligibility Verification. More information can be found at I-9 Central What’s New. Topic: Form I-9 Completion by Non E-Verify Agricultural Employers of Certain H-2A workers On April 20, the Department of Homeland Security published a temporary final rule to amend certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment during the coronavirus (COVID-19) public health emergency. The temporary final rule expires on August 18, 2020. See more information at the H-2A Temporary Agricultural Workers page. Topic: E-Verify Extended Timeframes to take action to resolve Tentative Nonconfirmations E-Verify is extending the timeframe to take action to resolve certain Tentative Nonconfirmations (TNCs) due to SSA and other office closures to the public. See E-Verify What’s New. 35/18/2020Q&A session
  • 4. Resources  I-9 Central What’s New  E-Verify What’s New  DHS News Release of March 20th  Temporary I-9 & E-Verify Policy changes due to COVID  Form I-9 and E-Verify webinars  Call (888) 464-4218 with any I-9 or E-Verify questions Mon-Fri, 8:00am-5:00pm 45/18/2020Q&A session