USCIS Releases Form I-9 Examples Related to Temporary COVID-19 Policies

Form I-9 Updates

Written By ESR News Blog Editor Thomas Ahearn

The U.S. Citizenship and Immigration Services (USCIS) – an agency within the U.S. Department of Homeland Security (DHS) overseeing lawful immigration to the United States – has released examples showing employers how to notate the Form I-9 when remotely inspecting employment authorization and identity documents due to the COVID-19 pandemic and performing required physical inspections once normal operations resume.

How to Notate Remote Inspections and Subsequent Physical Inspections

Figure 1: Completing Section 2 When Inspecting Documents Remotely

Figure 2: Performing Physical Inspection Once Normal Operations Resume

If the person who performed the remote inspection also performs the physical inspection, they should indicate the date they physically examined the documents then add their initials in the Additional Information field.

Figure 3: Performing Physical Inspection by a Different Person Once Normal Operations Resume

If the person who performed the remote inspection cannot also perform the physical inspection, the person who performs the physical inspection should indicate the date they physically examined the documents as well as their full name and title in the Additional Information field.

Figure 4: Notating Remote and Physical Inspection for Reverification

Employers should make required notations for remote and subsequent physical inspections of reverifications in the Additional Information field in Section 2. If the same person performs both the remote and subsequent physical inspections for a reverification, complete as shown. If a different person performs the physical inspection, that person should write their full name and title, instead of their initials.

How to Notate Extended List B Documents

Figure 5: Entering a List B Document Extended by Issuing Authority in Section 2

State Document Extension Notice

Employers can confirm that their state has auto-extended the expiration date of state IDs and driver’s licenses by checking the state’s Motor Vehicle Administration or Department of Motor Vehicle’s website.

Figure 6: Entering an Expired List B Document in Section 2

Figure 6b: Updating Section 2 When Employee Presents Unexpired Document Once Normal Operations Resume

If the same person performs both the remote and subsequent physical inspections, complete as shown. Note that if a different person performs the physical inspection, that person should write their full name and title, instead of their initials.

On March 19, 2020, the DHS announced the deferring of the physical presence requirements associated with Form I-9 compliance under section 274A of the Immigration and Nationality Act (INA) for 60 days until May 19, 2020. The DHS extended this deferment policy for an additional 30 days to June 19, 2019. Due to the continuing COVID-19 pandemic, the expiration date for Form I-9 accommodations has been extended to July 19, 2020.

The Immigration Reform and Control Act of 1986 (IRCA) requires employers in the United States to complete the ‘Form I-9, Employment Eligibility Verification’ for newly-hired employees to verify their identity and authorization to work in the country. On January 31, 2020, the USCIS published a new Form I-9 with a version date of “10/21/2019” that employers had to start using by May 1, 2020. The new Form I-9 is available at www.uscis.gov/i-9.

COVID-19 is a potentially deadly respiratory illness that spreads from person to person. As of June 29, 2020, there are more than 10.1 million total global cases of COVID-19 and more than 502,000 total global deaths, while the United States leads the world with more than 2.5 million total cases of COVID-19 and more than 125,000 total deaths, according to research from Johns Hopkins University.

Employment Screening Resources® (ESR) – a leading global background check provider – provides a robust solution that simplifies the Form I-9 process so employers may compliantly verify work status and electronically capture the required information. To learn more about Form I-9 service, visit www.esrcheck.com/Background-Checks/Form-I-9-E-Verify/. To learn more about ESR, visit www.esrcheck.com.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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