How does an employer complete Section 2 of the I-9 form for a remote worker, whether permanently remote or temporarily remote due to COVID-19?
Answer: Generally, employers have three business days to inspect and verify the authenticity of a new hire’s eligibility documents. Employers may use an “authorized representative” to complete the I-9 on the employer’s behalf, but the employer is still responsible for any violations in connection with the form or the verification process.
Oftentimes, employers partner with another manager—a staffing agency, employment attorney, or other authorized representative—to assist in completing the I-9 for remote workers. When completing Form I-9, the employer or an authorized representative must physically examine each original document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it.
However, during the COVID-19 National Emergency, the Department of Homeland Security (DHS) announced it will allow flexibility with Form I-9 paperwork if individuals are not physically present in the workplace.
Employers 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. However, employers still need to inspect the Section 2 documents, but may do remotely (i.e., video, fax, email, etc.) within three business days and retain copies of documents. Employers who use this option should have written documentation of their remote onboarding and telework policy.
Employers should then enter “COVID-19” as the reason for the physical inspection delay in the Additional Information field in Section 2 as soon as physical inspection takes place after normal business operations resume. Additionally, once the documents have been physically inspected, employers should write that there were “documents physically examined on (date of inspection)” in the Section 2 Additional Information field, or Section 3 if applicable, on Form I-9.
These provisions may be implemented by employers until November 19, 2020, however it’s very probable this date could be extended.
Source: MRA - The Management Association
