3/23/20

Immigration Alert: I-9 Requirements Relaxed under COVID-19 Outbreak

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The Department of Homeland Security (DHS) announced on March 20, 2020 that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9).  Employers who have instituted remote work will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence.  Employers who are physically present at a work location must continue to physically examine documents.  DHS has provided additional details regarding the relaxed requirements for employers who have instituted remote work.

Employers may implement the relaxed requirements until May 19, 2020, OR within 3 business days after the termination of the National Emergency, whichever comes first.  Going forward, DHS will continue to monitor the ongoing National Emergency and provide updated guidance as needed.  Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated, and normal operations will resume.

If you utilize a third party vendor to complete your I-9 forms, we recommend that you reach out to them as soon as possible to understand the procedures being implemented to accommodate this change.  If you have any questions regarding Form I-9 compliance, we encourage you to contact your Vorys attorney.

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Vorys COVID-19 Task Force

Vorys attorneys and professionals are counseling our clients in the myriad issues related to the coronavirus (COVID-19) outbreak.  We have also established a comprehensive Coronavirus Task Force, which includes attorneys with deep experience in the niche disciplines that we have been and expect to continue receiving questions regarding coronavirus. Learn more and see the latest updates from the task force at vorys.com/coronavirus