A. 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.
- 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 employees who are physically present at a work 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 may indicate that remote inspection was completed and when. A physical inspection must take place after normal operations resume. 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 our 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.