On March 2020, the US Department of Homeland Security (DHS) announced temporary changes to in-
person documentation on the Employment Eligibility Verification (Form I-9) documents to waive the
requirement of physical inspection for employees working exclusively from a remote setting. This
exception has been extended to October 31, 2022. In the meantime, it is advisable to proceed in
creating a memorandum to be kept with those I-9s where employees have separated without a physical
inspection of their documents, signifying what occurred.
The second exception allowing employers to accept documents that expired on or after March 1, 2020
has not been extended. Employers should already be reviewing unexpired documents for their new
hires. For employees who were hired during the temporary exception, employers should update Section
2 of the I-9 Form.
Please see the listed links for more information and examples regarding requirements related to these
regulations. If you have compliance related questions or would like an audit of your I-9s conducted for
your organization, contact us at SWHRC today!
Written by | Magdalena Vigil-Tullar
HR Consultant | MBA, SPHR, SHRM-SCP, CLRP