DHS Extends Remote Inspection Rule Due to COVID-19

The U.S. Immigration and Customs Enforcement (ICE) has again extended its temporary rule allowing employers to remotely inspect documents related to the Form I-9 for new hires working remotely until January 31, 2021. The previous extension expired December 31, 2020.

Normally employers must physically inspect original documents when completing an I-9 and even under the temporary rule, must eventually do so. When an employee returns from telework, their documents must be inspected.

The temporary rule is not universal and does not apply to businesses that have employees reporting to a work location. This has caused confusion among employers who have a mix of remote and onsite workers. Guidance on this matter has been limited with ICE indicating they will determine compliance on a case-by-case basis.

We have released several blogs on this topic in the past. For more information, see the 2020 March Guidance.

Completing Form I-9 for Employees with Extended Work Authorization Under DACA

On January 4, 2021, the U.S. Citizenship and Immigration Services released guidance to follow when employees and employers are completing the form I-9 under the Deferred Action for Childhood Arrivals (DACA) program.

See the full release and instructions on how to complete the Form I-9 under these circumstances.

About the Authors. This update was prepared by HR Pros, LLC, a national HR consulting firm that helps companies reduce operational and employment related risks. Contact Christopher Brown (cbrown@hrpros.biz), Philip Roach (philipcr@hrpros.biz) or Josh Blinkey (jblinkey@hrpros.biz) for more information.

The information provided in this update is not, is not intended to be, and shall not be construed to be, the provision of tax or legal advice, nor does it necessarily reflect the opinions of HR Pros, LLC or our clients.  The content is intended as a general overview of the subject matter covered.  HR Pros, LLC is not obligated to provide updates on the information presented herein.  Those reading this alert are encouraged to seek direct counsel on tax or legal questions.

© 2021 HR Pros, LLC.  All Rights Reserved