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DHS - Flexibility on Form I-9 Compliance

Updated: Mar 25


As of March 20, 2020 - DHS has announced flexibility for completing the Form I-9. If you are looking to hire people, this is something to take note of.

Form I-9 rules require a physical inspection of the new employee within 3 days of working - this can prove difficult during voluntary and mandated isolation and remote working.


For that reason DHS has decided to grant some flexibility during the COVID-19 crisis to help employers continue to hire people. From the notice - "employers must inspect the Section 2 documents remotely (e.g., over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2. Employers also should enter “COVID-19” as the reason for the physical inspection delay in the Section 2. Additional Information field once physical inspection takes place after normal operations resume". To read the full notice - visit the ICE newsroom here.