{"id":"ECO-C-126","kind":"order","level":"federal","jurisdiction":"United States","state":"","metro":"","industry":"","agency":"","eco":"C","issuer":"U.S. Department of Homeland Security / U.S. Immigration and Customs Enforcement","authority":"INA § 274A, 8 U.S.C. § 1324a; 8 C.F.R. § 274a.2","instrument":"DHS announcement of March 20, 2020: flexibility in requirements related to Form I-9 compliance (with the March 31, 2021 update)","title":"Deferral of the physical presence requirements for Form I-9 Section 2 document inspection for employers and workplaces operating remotely","dateIssued":"2020-03-20","effective":"2020-03-20","end":"Initially 60 days; extended repeatedly; remote-only employees exempt from physical inspection from Apr. 1, 2021 until non-remote work resumed; flexibilities ended July 31, 2023","startDate":"2020-03-20","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["EMP","TELE","OTHER"],"addressees":["employers with employees taking physical proximity precautions due to COVID-19","employers and workplaces operating remotely"],"clause":"[DHS] will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA). Employers with employees taking physical proximity precautions due to COVID[-19 will not be required to review the employee\u0027s identity and employment authorization documents in the employee\u0027s] physical presence. However, employers must inspect the Section 2 documents remotely (e.g., over video link, fax or email, etc.)... Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee.... Effective April 1, 2021... [employees hired on or after April 1, 2020 who] work exclusively in a remote setting due to COVID-19-related precautions, they are temporarily exempt from the physical inspection requirements","enforcement":"Federal enforcement discretion conditioned on documented remote onboarding and telework policies","functions":["HR hiring and onboarding in every industry","OF telework","WF"],"notes":"A federal instrument premised on the fact that \u0027employers and workplaces are operating remotely,\u0027 in force through all six quarters.","sourceUrl":"https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance","snapshot":"","fileExists":true,"fileBytes":434551,"grade":"primary","character":"","description":"","collection":"ECO-C","url":"/library/ECO-C-126","exhibitUrl":"/exhibit/ECO-C-126","citation":"U.S. Department of Homeland Security / U.S. Immigration and Customs Enforcement, DHS announcement of March 20, 2020: flexibility in requirements related to Form I-9 compliance (with the March 31, 2021 update) (Mar. 20, 2020) (Ex. ECO-C-126)","stateName":"","related":[]}