The Department of Homeland Security (DHS) once again is extending its flexibility regarding the physical presence requirements for I-9 inspection for until April 2022 due to the ongoing precautions related to the COVID-19 pandemic.
The DHS has extended the I-9 Remote Option. This also extends the requirements that Employers who use this process need to put in place. For example:
Eligible employers may continue to inspect Section 2 documents remotely (e.g., over video… fax, or email)!
But must still reverify the physical documents when normal operations resume!
Employers must provide written documentation of their remote onboarding and telework policy for each covered employee.
While this flexibility is helpful to Employers, it only impacts remote employees. These Employers must understand that they are still required to reverify documents for those remote employees when normal operations resume.
Generally, ICE enforces an employer’s obligation to verify, and re-verify, the work authorization of all new employees. ICE may enforce this responsibility through random I-9 compliance audits or through a narrower investigation based on a lead.
The lead can be an anonymous tip, or facts that form a reasonable suspicion of an employer’s non compliance. ICE has been concentrating its recent enforcement efforts on investigations, not random audits like previously.
These investigations have focused on all industries viewed as employing a large percentage of unauthorized workers (e.g., the construction industry, landscaping, manufacturing or agricultural industry). However, there are still efforts by ICE to continue investigations in the workplace.
This I-9 form preparation, correction and audit webinar will be a step by step process and discussion of all the new guidelines for completing the new I-9 form as well as the ongoing regulations for appropriate method of correcting this document without incurring fines and penalties.
