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COVID-19 Update: Physical Presence Requirements of I-9 Form Temporarily Suspended by Department of Homeland Security

As a result of COVID-19, on March 20, 2020, the Department of Homeland Security (“DHS”) announced that it will temporarily suspend the physical presence requirements of the I-9 Form. Normally, DHS requires an employer to physically review an employee’s identification and employment authorization documents in the employee’s physical presence when completing the required I-9 Form. However, in light of the rapid spread of COVID-19 and due to the physical proximity precautions implemented, employers, for a period of 60 days from March 20, 2020, or until after 3 business days after the termination of the National Emergency, if operating remotely, will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. However, the exception applies only to those employers who have all their employees working remotely; if there are employees physically present at a work location, this exception would not apply.

If an employer does choose to implement a remote document review policy, in accordance with DHS’ exception, there are still several requirements an employer must comply with. If you would like to temporarily implement a remote document review policy and want to discuss the steps that must be taken to ensure your compliance with the DHS’ exception, please contact Employer Lawyers at Chauvel & Glatt.

The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.  For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.


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