Since the onset of the COVID-19 pandemic, the DHS has allowed employers to conduct the visual inspection of an employee's identity and work authorization documents through remote means, i.e. over a weblink, email, or fax. The employer must still physically inspect the documents in-person either when the employee returns to the office or the termination of the temporary flexibilities. It will remain in effect until this interim exception expires or until three days after the COVID-19 emergency is over, whichever comes first.
Once the COVID-19 virtual inspection flexibility ends or the employee returns to work on a regular, predictable basis (whichever comes first), employers will once again be required to review an employee's identity and employment authorization documents for the Form I-9 in the employee's physical presence. Employees onboarded using virtual remote verification must report to their employer within three business days for in-person reinspection once normal operations resume or the employee returns to work on a regular, predictable basis (whichever comes first). For employers with employees physically present at their place of work, this make the deadline end of day November 3, 2022.
Employers should add "documents physically examined" with the date of inspection to the Section 2 additional information field on the Form I-9, or to section 3, as appropriate.
Employers may also use a remote Form I-9 network to have an authorized representative physically review those Section 2 documents, such as the Fieldprint Livescan network provided by Truescreen.
As of May 1, 2022, the USCIS had terminated List B flexibilities previously established as a result of the COVID-19 pandemic. That particular exception permitted the use of expired List B documents for Form I-9 purposes. In light of this trend employers should be prepared for the possibility that the Form I-9 flexibility for remote document inspection may not be extended again.
For more information, please review the ICE guidance on COVID-19, or get in touch with your Truescreen account manager.
Posted: October 4, 2022