Late Breaking News: Government Approves Remote I-9 Review Due to COVID-19
Late Breaking News: Government Approves Remote I-9 Review Due to COVID-19

Late Breaking News: Government Approves Remote I-9 Review Due to COVID-19

UPDATE December 3: On November 18, it was announced that this rule will be extended till the end of the 2020.

Form I-9 Review: Key Details

On Friday March 20, 2020, the Department of Homeland Security (DHS) announced it would relax its standards for I-9 document verification amid the coronavirus outbreak.

Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. This provision only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being made at this time to review and verify documents in person.

Remote Inspections

Employers taking physical proximity precautions must inspect the physical documents remotely (over video link, fax, e-mail etc.) and obtain, inspect and retain copies of documents within 3 business days for the purpose of completing Section 2.

Once normal operations resume, employees must report to their employer within 3 business days for in-person verification of their identity and employment authorization documents. Once this physical inspection takes place, the employer should enter the following under additional information (in Section 2 or Section 3 as appropriate): COVID-19, documents physically examined and the date the documents were physically reviewed.

E-Verify Updates:

The United States Citizenship and Immigration Services (USCIS) has implemented the following polices to help minimize the burden on both employers and employees during the COVID-19 pandemic:

  • Employers are still required to create cases for any new hire within three business days from the date of hire.
  • Employers must use the hire date from the employee’s I-9 when creating an E-Verify case. If this is delayed due to COVID-19 precautions, select “Other” from the drop-down list and enter - “COVID-19” as the specific reason.
  • Employers may not take any adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status.

What’s Next?

This provision will apply until the termination of the national emergency or until May 19, 2020, whichever comes first. Employers who exercise this option must provide documentation of their remote onboarding and telework policies for each employee. If newly hired employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate each matter on a case by case basis.

More to Discover

Employee Safety During COVID-19: Compliance Toolkit

Employee Safety During COVID-19: Compliance Toolkit

Vaccines are coming to the rescue, but we’re not out of the woods yet. HR leaders can’t afford to take their eye off the ball when it comes to employee safety and compliance. Now’s the time to think about creating a vaccine policy that works for your organization, and it’s not too late to implement workplace testing. If an employee does test positive for COVID-19, you’ll want to make sure you’re ready to offer the right information and support to your whole team. Paycor is offering this free compliance toolkit, including customizable letter templates to use when you: Create a mandatory vaccine policy Implement workplace testing Inform your team that an employee has tested positive for COVID-19

Demotion Letter Template

Demotion Letter Template

There’s nothing better than seeing employees thrive, but setbacks and slips in performance do happen. One way to address performance problems is a demotion. Sometimes, it’s necessary to take a step back before you can take two steps forward. Download Demotion Letter Template When is a Demotion Necessary? In an ideal world, there wouldn’t be demotions. They are a sign something’s wrong: it could be that an employee has failed to respond to a performance improvement plan or they could just be disengaged. A demotion is the last stop before termination. If you believe the person has potential and is worth investing in, then a demotion might be the best way forward. Demotions are risky, though. You could end up with an employee who is even...

Maximum PTO Accrual Letter

Maximum PTO Accrual Letter

Encouraging employees to use their vacation days can feel strange. After all, nobody wants to leave themselves under-staffed and the rest of their team over-worked. On the other hand, what if employees rarely ever, or even never, take time off? That’s been a question facing business owners this year, as vacation plans were delayed, then cancelled, and PTO built up like never before.One problem is, PTO payout laws can turn unused PTO into an unwanted financial liability. There’s also a risk of schedule chaos down the line as everyone tries to use their days up at once. Most worrying of all is that employees who go too long without a break, even by choice, risk ending up disengaged and burned out. Download Sample Maximum PTO Accrual Letter...

How Long to Keep Payroll Records

How Long to Keep Payroll Records

Running a business, you know that compliance isn’t just about being compliant—you also need to prove it. You never know when the IRS, the DOL or the EEOC will demand to see your paperwork, which is why it’s so important to retain payroll records. To make things more complicated, each agency has its own rules for which documents you have to keep and for how long. The good news is, you don’t have to buy more filing cabinets. HR software can automatically store everything you need, with the added benefit of simplifying the whole payroll process. Why You Need to Retain Payroll Records At a federal level, you’re keeping payroll records primarily for three agencies: The IRS The Department of Labor (Wage and Hour Division) The EEOC These...