Due to precautions being implemented by employers and employees
related to physical proximity associated with COVID-19, the
Department of Homeland Security (DHS) announced on March 20, 2020,
that it will exercise discretion to defer the physical presence
requirements associated with Employment Eligibility Verification
and the Form I-9.
The Immigration Reform and Control Act (IRCA) requires employers
to verify the identity and employment eligibility of all
individuals hired in the United States after November 6, 1986. The
Form I-9 is the means of documenting this verification. Generally,
this verification process requires the employers or authorized
representatives to physically examine, with the employee being
physically present, each document presented to determine if it
reasonably appears to be genuine and relates to the employee
presenting it. The DHS announcement discussed below governs this
requirement in light of the COVID-19 pandemic.
