Questions and Answers Related to COVID-19

Yes, if certain conditions are met. To qualify for the alternative procedure, the employer must have:

1. been enrolled in E-Verify during the COVID-19 flexibilities,
2. created a case in E-Verify for that employee (except for reverification),
3. performed remote examination of an employee's documents between March 20, 2020, and July 31, 2023, and
4. be currently enrolled and continue to participate in E-Verify.

All E-Verify employers that choose the alternative procedure instead of physical examination must follow the instructions for the alternative procedure. Under no circumstances can employers unlawfully discriminate, such as by deciding that only certain employees are eligible for the alternative procedure based on a protected characteristic, such as citizenship status.   

Employers who do not meet all requirements listed above, must perform an in-person physical examination of documents by August 30, 2023. 

For more information on the alternative procedure or the in-person physical examination of documents, visit I-9 Central.

No. To qualify to use the alternative procedure for any employee you remotely examined and avoid in-person physical examination of their documents, you must meet all of the conditions below: 

• Performed a remote examination your employee’s Form I-9 documents between Mar. 20, 2020, through July 31, 2023, the dates of the temporary COVID-19 flexibilities;   
• Been enrolled in E-Verify at the time you completed that employee’s Form I-9; 
• Created a case in E-Verify for that employee (except for reverification); and 
• Be currently enrolled and continue participate in E-Verify. 

If you were not enrolled in E-Verify when you remotely inspected an employee’s documentation, or do not meet any other requirements, you must conduct an in-person physical examination of those documents by Aug. 30, 2023.  

For more information on the alternative procedure and in-person physical examination of documents, visit I-9 Central.

Your employees may be subject to different requirements.  

If you remotely examined any employee’s documents prior to your E-Verify enrollment, you must physically examine your employee’s documents no later than Aug. 30, 2023. 

You may qualify to use the alternative procedure for any employee you remotely examined after you enrolled in E-Verify if all of the below conditions are met: 

• Performed a remote examination your employee’s Form I-9documents between Mar. 20, 2020, through July 31, 2023, the dates of the temporary COVID-19 flexibilities;   
• Been enrolled in E-Verify at the time you completed that employee’s Form I-9; 
• Created a case in E-Verify for that employee (except for reverification); and 
• Be currently enrolled and continue to participate in E-Verify. 

If any of the above requirements do not apply, you must perform an in-person physical examination of your employee’s documents. 

For more information on the alternative procedure and in-person physical examination of documents, visit I-9 Central. 

Yes. Whether you previously used fax, email, or a live video interaction during the COVID-19 flexibilities to examine your employee’s documents, you must conduct a new live video interaction by August 30, 2023. 

You must annotate Form I-9 with “alternative procedure,” the date of examination, and your initials in Section 2, Additional Information field or in Section 3, as appropriate. You should have already annotated the date of the remote document examination. This new annotation should be placed near the previous annotation.   

You must not create another E-Verify case. 

For more information on the alternative procedure and in-person physical examination of documents, visit I-9 Central.

Yes, here is an overview:

• The employee completes Section 1 no later than the first day of employment.

There is no change to current requirements for completing Section 1.

• The employer completes Section 2 within three business days of their employee’s first day of employment.

There is no change to current requirements for completing Section 2 for employees who are physically present at a company location.

Employers and workplaces that are operating remotely may follow the DHS news release that announced flexibility in requirements related to Form I-9.

If employers are performing inspections remotely (e.g., over video link, fax or email, etc.), they must obtain, inspect, and retain copies of the Section 2 documents within three business day of hire. In the Additional Information field, employers should indicate “documents physically examined” and the date of inspection. A physical inspection must take place within 30 days after the flexibilities end on July 31, 2023. Employers should enter “COVID-19,” the date of the physical inspection, and who conducted it in the Additional Information field. For more information, please see Form I-9 mockups for visual examples of how remote and physical inspection should be notated.

As a reminder, the employer may designate an authorized representative to complete Section 2 or 3 of Form I-9 on behalf of the company, including personnel officers, foremen, agents or notary public. The Department of Homeland Security does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes. If an authorized representative completes Form I-9 on behalf of the employer, the employer is still liable for any violations in connection with the form or the verification process.

• The employer physically examines their employee’s documents with their employee present.

DHS has announced changes to these procedures in certain circumstances; see the news release that announced flexibility in complying with requirements related to Form I-9.

• The employer completes Section 3, Reverification.

DHS has announced changes to these procedures; the ability to inspect documents remotely for some employers applies to reverification as well. See the March 20 news release for details on remote inspection.

If you are updating Section 3, write “COVID-19” in the margin or annotate in the additional information field.

There is no change to current requirements for employees physically present at a work location.

NOTE: If you previously wrote “COVID-19 EXT” in the margin or in the Additional Information field on a Form I-9 when completing Section 3, you do not need to correct this notation.

Updates:

• Employers that were enrolled in E-Verify at the time they performed a remote examination of an employee’s Form I-9 documentation consistent with the COVID-19 flexibilities between March 20, 2020, and July 31, 2023, and created an E-Verify case for that employee, may conduct a physical document inspection or they use the new alternative procedure allowing remote document examination to satisfy the required physical examination for these employees by August 30, 2023. To see instructions on the alternative procedure, visit I-9 Central.
• Employers that were not enrolled in E-Verify at the time they conducted a remote inspection consistent with the COVID-19 flexibilities between March 20, 2020, and July 31, 2023, must complete any remaining physical inspections for those employees by August 30, 2023. To see instructions on completing in-person physical examinations and annotating Form I-9, visit I-9 Central.

If the employee presents acceptable documents for in-person inspection that are different from the ones they presented for remote inspection, then the employer may either:

1. Complete Section 2 on a new Form I-9 and attach it to the Form I-9 used for remote inspection; or
2. Provide the document title, document number, issuing authority, and expiration date (if any) of the new document in the Additional Information field and notate that the employee presented this document at physical inspection.

(As a best practice, DHS recommends option 1.)

As long as the employee’s document was unexpired at the time of remote inspection, the employer should not request a new document and can proceed with the physical inspection consistent with DHS guidance.

Yes, ICE has announced that employers have until August 30, 2023, to complete any remaining physical inspections for those employees who were hired on or after March 20, 2020, and for whom the employer has, to date, only conducted a remote inspection consistent with the flexibilities first announced in March 2020. This allows employers additional time after the temporary flexibilities end on July 31, 2023 to complete in-person physical document inspections for these employees.

Updates:

• Employers that were enrolled in E-Verify at the time they performed a remote examination of an employee’s Form I-9 documentation consistent with the COVID-19 flexibilities between March 20, 2020, and July 31, 2023, and created an E-Verify case for that employee, may conduct a physical document inspection or they use the new alternative procedure allowing remote document examination to satisfy the required physical examination for these employees by August 30, 2023. To see instructions on the alternative procedure, visit I-9 Central.
   
• Employers that were not enrolled in E-Verify at the time they conducted a remote inspection consistent with the COVID-19 flexibilities between March 20, 2020, and July 31, 2023, must complete any remaining physical inspections for those employees by August 30, 2023. To see instructions on completing in-person physical examinations and annotating Form I-9, visit I-9 Central.

The guidance states that once employees physically report to work on any regular, consistent, or predictable basis, the employee must report to the employer for in-person verification of identity and employment eligibility documentation. The employer should physically examine the employee’s original identity and work authorization documentation in the presence of the employee. After document review, enter in the Additional Information field “COVID 19” as the reason for the physical inspection delay, “documents physically examined,” the date of physical inspection, and who conducted it.

If the employee separates before the physical inspection can be completed, include an explanation in the Additional Information box on Form I-9 and the date of the employee’s separation.

If the employee presents original documents for in-person inspection that are different from the ones presented for remote inspection because the employee has a different immigration or U.S. citizenship status and may no longer have the original document presented for remote inspection, then the employer may either:

1. Complete Section 2 on a new Form I-9 and attach it to the Form I-9 used for remote inspection; and notate that the employee changed their immigration status in the Additional Information field; or
2. Provide the document title, document number, issuing authority, and expiration date (if any) of the new document and notate that the employee changed their immigration status in the Additional Information field.

(As a best practice, DHS recommends option 1.)

An employer cannot retain an employee who the employer knows is not authorized to work in the United States or that does not fulfill Form I-9 documentary requirements. This includes presenting documentation for in-person physical examination. Employers are required to complete Form I-9 for all new hires, including the requirement to physically examine identity and work authorization documents.

ICE announced in October 2022 that the COVID-19 flexibilities would end on July 31, 2023, and reminded employers that they would, in the future, be required to inspect documents in person for employees whose documents were previously examined remotely. Employers have been able to, and continue to be able to, physically examine documents for these employees since the flexibilities were announced in March 2020. Employers must physically examine documents for those employees who were hired on or after March 20, 2020, and for whom the employer has, to date, only conducted a remote inspection consistent with the flexibilities first announced in March 2020. Employers will have 30 days after the end date of the flexibilities on July 31, 2023 – that is, until August 30, 2023.

Updates:

• Employers that were enrolled in E-Verify at the time they performed a remote examination of an employee’s Form I-9 documentation consistent with the COVID-19 flexibilities between March 20, 2020, and July 31, 2023, and created an E-Verify case for that employee, may conduct a physical document inspection or they may use the new alternative procedure allowing remote document examination to satisfy the required physical examination for these employees by August 30, 2023. To see instructions on the alternative procedure, visit I-9 Central. 

• Employers that were not enrolled in E-Verify at the time they conducted a remote inspection consistent with the COVID-19 flexibilities between March 20, 2020, and July 31, 2023, must complete any remaining physical inspections for those employees by August 30, 2023. To see instructions on completing in-person physical examinations and annotating Form I-9, visit I-9 Central. 

Yes. Employers must physically examine documents for those employees who were hired on or after March 20, 2020, and for whom the employer has to date only conducted a remote inspection consistent with the flexibilities first announced in March 2020. Employers will have 30 days after the end date of the flexibilities on July 31, 2023 – that is, until August 30, 2023 – to complete in-person physical inspection.

Updates: 

• Employers that were enrolled in E-Verify at the time they performed a remote examination of an employee’s Form I-9 documentation consistent with the COVID-19 flexibilities between March 20, 2020 and July 31, 2023, and created an E-Verify case for that employee, may conduct a physical document inspection or they use the new alternative procedure allowing remote document examination to satisfy the required physical examination for these employees by August 30, 2023. To see instructions on the alternative procedure, visit I-9 Central. 

• Employers that were not enrolled in E-Verify at the time they conducted a remote inspection consistent with the COVID-19 flexibilities between March 20, 2020 and July 31, 2023, must complete any remaining physical inspections for those employees by August 30, 2023. To see instructions on completing in-person physical examinations and annotating Form I-9, visit I-9 Central. 

Employers may choose to use an authorized representative to fill out their portion of the Form I-9 on their behalf.  Authorized representatives may also complete the in-person inspection as needed. 

USCIS has several examples online at https://www.uscis.gov/i-9-central/form-i-9-examples-related-to-temporary-covid-19-policies. Click on Figure 2 to see an example of how to document this on the Form I-9.

Due to COVID-19, employers and workplaces that are operating remotely have the option, on a temporary basis, to inspect Form I-9 documents remotely. Employers who choose the remote inspection option may inspect Section 2 documents over a live video interaction. Within three business days of the first day of employment, employers should obtain, remotely inspect, and retain copies of the identity and employment eligibility documents their employees provide to complete Section 2.

After they inspect the employee’s documents remotely and determine whether the documents reasonably appear to be genuine and relate to the employee, E-Verify participants should create an E-Verify case for the employee. They should still follow current guidance and create the E-Verify case for their new hire within three business days from the first day of employment. Employers must use the hire date from the employee’s Form I-9 when creating the E-Verify case. If case creation is delayed due to COVID-19 precautions, select “Other” from the drop-down list and enter “COVID-19” as the reason for the delay.

Employers must physically examine documents for those employees who were hired on or after March 20, 2020, and for whom the employer has, to date, only conducted a remote inspection consistent with the flexibilities first announced in March 2020. Employers will have 30 days after the end date of the flexibilities on July 31, 2023 – that is, until August 30, 2023 – to complete in-person physical inspection. Employers should not create a new E-Verify case for this employee, nor should they update the existing E-Verify case, in connection with this physical inspection.

Updates: 

• Employers that were enrolled in E-Verify at the time they performed a remote examination of an employee’s Form I-9 documentation consistent with the COVID-19 flexibilities between March 20, 2020, and July 31, 2023, and created an E-Verify case for that employee, may conduct a physical document inspection or they may use the new alternative procedure allowing remote document examination to satisfy the required physical examination for these employees by August 30, 2023. To see instructions on the alternative procedure, visit I-9 Central. 

• Employers that were not enrolled in E-Verify at the time they conducted a remote examination consistent with the COVID-19 flexibilities between March 20, 2020, and July 31, 2023, must complete any remaining physical inspections for those employees by August 30, 2023. To see instructions on completing in-person physical examinations and annotating Form I-9, visit I-9 Central.