Form I-9 Compliance Updates and Covid-19

As of May 1, 2020, employers must use this new Form I-9  which contains changes in the form and instructions. Given the increase in I-9 audits and enforcement over the last year, businesses should update their on-boarding processes and verify that their I-9 Form lists 10/21/19 in the lower left corner. As a reminder, all employers, regardless of size, must have new employees complete I-9s in person within three business days of the employee starting. 

In light of COVID-19, the Department of Homeland Security (DHS) has also modified I-9 requirements. On March 20, 2020 DHS loosened the in person verification requirement allowing employers with remote employees to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents their employees provide to complete Section 2 of Form I-9. Additionally, because COVID-19 stay-at-home orders have created challenges for renewing a state driver’s license, a state ID card, or other I-9 verification document, DHS has issued a temporary policy allowing the use of expired identity documents to complete Form I-9 verification. As of May 1, identity documents set to expire on or after March 1, 2020 may be treated as a valid document for Form I-9 purposes. 

As you face the day to day questions of balancing compliance, business concerns, and health and safety, the firm is here to assist in any way we can.