What are the new updates on USCIS: COVID-19 Form I-9 Flexibilities?

 Employment Eligibility Verification Form I-9 COVID-19 Temporary Flexibilities will expire on July 31, 2023. Employers must perform in-person physical document inspections for employees whose papers were remotely inspected during the interim flexibilities by August 30, 2023, according to a new announcement from U.S. Immigration and Customs Enforcement (ICE) and the best immigration lawyers in UAE.

Employers now have more time to execute in-person physical inspections of identity and work authorization papers and annotate Form I-9s for this group as a result of this recent notice. These adjustments were first made public in March 2020 and then again in March 2021.

In order to facilitate remote document evaluation for Form I-9, DHS submitted a Notice of Proposed Rulemaking last year.  DHS intends to execute this proposal by issuing a Final Rule in the Federal Register. 

According to the flexibility notice released on March 20, 2020, DHS will assess specific COVID-19-related Form I-9 completion practises as they pertain to the physical examination of Form I-9 paperwork on a case-by-case basis. Therefore, beginning of April 1, 2021, only those workers who physically report to work at a firm site on any regular, consistent, or predictable basis are subject to the requirement that employers check employees' Form I-9 identity and employment eligibility paperwork in person.

Employees hired on or after April 1, 2021, who exclusively perform their work remotely as a result of COVID-19 precautions, are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) under Section 274A of the INA until they perform non-remote work on a regular, consistent, or predictable basis, or until the extension of the flexibilities associated with such requirements is terminated, whichever comes first.

Employers are free to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for workers hired on or after March 20, 2020, who submitted those documents for remote inspection in reliance on the flexibilities initially announced in March 2020. The flexibilities discussed here do not preclude employers from doing so.

The Department of Homeland Security (DHS) announced today that it will exercise discretion to postpone the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA) due to precautions being taken by employers and employees related to physical proximity associated with COVID-19. Employers will not be compelled to examine the employee's identification and employment authorization paperwork when the employee is present owing to COVID-19 if the employee is exercising physical proximity safeguards. However, for the purposes of completing Section 2, employers must receive, review, and maintain copies of the Section 2 papers within three business days and must see the documents remotely (e.g., through video link, fax, or email).

The employer and the best immigration lawyers in UAEshould include "documents physically examined" and the date of the inspection in the Section 2 extra information area on the Form I-9 or Section 3 depending on the situation. Employers may put these rules into effect for a period of 60 days starting on the date of this notification OR within 3 business days following the end of the National Emergency, whichever occurs first.

Employers who choose to use this option must give each employee written confirmation of their telework and remote on boarding policies. Employers are the only ones who must carry this load.

All new hires who were verified remotely must report to their employer within three business days following the restoration of regular operations to provide in-person identification and employment eligibility paperwork for Form I-9, Employment Eligibility Verification. The employer should include "documents physically examined" and the date of the inspection in the Section 2 extra information area on the Form I-9 or Section 3 depending on the situation.