As reported recently on NJBIA’s HR Support Center platform, the Department of Homeland Security has announced another extension of a temporary suspension of in-person I-9 inspection.
The rule is now set to expire on December 31, 2021.
The physical presence requirement of the Employment Eligibility Verification, Form I-9, requires that employers, or an authorized representative, physically examine, in the employee’s physical presence, the unexpired document(s) the employee presents from the Lists of Acceptable Documents to complete the Documents fields in Form I-9’s Section 2.
On March 20, 2020, DHS announced that effective immediately, the physical presence requirement has been temporarily suspended for employers and workplaces that are operating remotely due to COVID-19 related precautions.
In other words, employers with employees taking physical proximity precautions due to COVID-19 (and operating remotely) are not required to review the employee’s identity and employment authorization documents in the employee’s physical presence.
The USCIS has guidance, including example forms, is available here.
More information is available at NJBIA’s HR Support Center, available to members.
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