DHS Issues Special Guidance Regarding Requirements Associated With Form I-9

On March 20, the Department of Homeland Security (DHS) issued special guidance regarding the physical presence requirements associated with Employment Eligibility Verification (Form I-9). The guidance indicates that when employees cannot present documents to their employer in person due to COVID-19 restrictions, documents may be presented remotely in electronic form.

Employers should complete Form I-9 Section 2 using the electronic documents, and should, as usual, complete Section 2 by the end of the 3rd day after the employee begins working. Once the employee returns to the employer’s physical premises, s/he must, within three days, present original documents in person. Upon presentation of the documents in person, DHS requires special notations in the Additional Information field in the I-9 to reflect that the initial verification was done electronically due to the unusual circumstances and the original documents were later reviewed in person. Specifically,