ICE Further Extends Interim COVID-19 Protections for Form I-9 Compliance
प्रकाशित मिति : भाद्र २, २०७७ मंगलबार
U.S. Immigration and Customs Enforcement (ICE) announced today that it is extending for another 30 days, or until September 19, 2020, its relaxed enforcement of the normal requirement to physically inspect the original documents presented by new hires during the I-9 process and thus allow eligible employers to continue to implement remote I-9 verification in certain circumstances during the COVID-19 emergency.
Under the interim policy, employers with employees working remotely due to COVID-19 will not be required to review identity and employment authorization documents in the employee’s physical presence until the emergency is over. This accommodation is not permitted for work places that are not operating entirely remotely and where some employees are still physically reporting to a work location. ICE may also permit the use of these remote verification procedures on a case-by-case basis where newly hired employees are subject to quarantine or lock-down protocols (such as the stay-at-home orders issued by certain state and local governments). Employers taking advantage of these relaxed procedures must provide written documentation of their remote onboarding and telework policy for each employee.
Employers who are eligible for and elect to use the interim guidelines will be able to inspect Section 2 documents remotely, by video, fax or email, and must retain copies of the documents. The ordinary timelines for I-9 completion remain in effect. Section 1 of the I-9 must be completed by the employee’s start date and Section 2 must be completed within 3 business days of the start date.
The DHS remote guidelines are not mandatory. Employers may continue to follow standard Form I-9 procedures, including the use of agents to complete verification on the employer’s behalf.
The interim procedures were originally to be in effect through May 19, 2020 and were extended several times, most recently through August 19, 2020. The procedures are being extended again in light of the ongoing emergency and are expected to remain in place through the extended date or until 3 days after the national emergency is over, whichever comes first. Further extensions are possible depending on the COVID-19 emergency.
Once normal operations resume, employers will need to physically inspect documents within 3 business days for all employees onboarded and I-9’d remotely. Employers should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 additional information field, once physical inspection takes place after normal operations resume. Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field (or Section 3 in reverification situations).
Announcement of ICE (Full Text) :
WASHINGTON — U.S. Immigration and Customs Enforcement (ICE) today announced another extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will further extend this policy for an additional 30 days. The expiration date for these accommodations is now Sept. 19.
On March 19, due to precautions implemented by employers and employees associated with COVID-19, DHS announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act. This policy only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. This provision, as explained in the original guidance, was implemented for a total of 60 days and was set to expire on May 19.
Going forward DHS will continue to monitor the ongoing national emergency and provide updated guidance as needed. Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated, and normal operations will resume.