The provision applies only to employers and workplaces that are operating completely remotely because of the public health crisis.
ICE first announced relaxed rules for physically inspecting new hires' identity and employment eligibility documents in March of 2020, back when employers were beginning to deal with COVID-19-related orders to shelter in place and work from home. These “relaxed” rules apply where workplaces are shut down or where new hires and employees needing to update temporary work authorizations are subject to quarantine or no-travel orders.The guidance allows companies to review the I-9 form's Section 2 documents virtually—over video link, by scan, fax, or e-mail, for example—within three business days of the worker's start date.
There are requirements for employers to use the virtual I-9 verification process. Employers must:
Employers using electronic I-9 systems, in particular, have quickly adapted to the virtual process using helpful tools such as employee document capture and upload, COVID-19 follow-up tracking, and advanced reporting.
The ICE guidelines are not mandatory. Employers can still follow standard Form I-9 procedures, including using authorized representatives to complete verification on the employer's behalf.
Once normal operations resume, all employees who were onboarded using remote verification must report to their employer within three business days for in-person physical verification of their identity and employment eligibility documentation. "Normal operations" has not yet been defined by ICE.