Typically, I-9 verification must be conducted in person. However, since the onset of the COVID-19 pandemic, the Department of Homeland Security (“DHS”) has relaxed this requirement and has allowed employers to conduct I-9 inspections remotely. Employers have embraced this flexibility, especially as now more than ever employees are not physically on-site. To the disappointment of employers, however, these relaxed rules are set to expire this October.
In a happy turn of events, DHS has suggested that I-9 remote inspections may be here to stay. Earlier this month, DHS published a proposed set of rules (here) that, if implemented, would allow DHS to authorize I-9 remote inspections to continue indefinitely into the future. To be clear: these proposed rules do not authorize per se the continuation of I-9 remote inspections. But they are the first step, even if tentative, in that direction.
Employers should welcome the proposed set of rules. If remote I-9 inspections become permanent, employers would have the flexibility to conduct I-9 verifications via videoconference, thus eliminating the need for remote (or disabled) workers to attend an in-person verification.
For more information about this and how we can assist you in ensuring your business complies with the I-9 inspection process, please contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
