Form I-9 Update: Department of Homeland Security Introduces Flexibility for In-Person I-9 Rules

On March 20, 2020, the Department of Homeland Security (DHS) issued an announcement that it will relax the requirement for employers to review employee’s identity and work authorization documents in person and complete Section 2 of the Form I-9. Employers may now inspect Section 2 documents remotely (i.e., over webcam, fax, email, etc.) and obtain, inspect and retain copies of the documents within three business days.

For the full alert, please visit the Faegre Drinker website.

USCIS Issues New Form I-9, Required of All Employers by May 1, 2020

On October 21, 2019, U.S. Citizenship and Immigration Services (USCIS) released a new version of the Form I-9. Employers may use the new version starting on January 31, 2020, but will be required to use the new version starting May 1, 2020. Using earlier versions of the form will not be acceptable after that date.

The Form I-9 is a document that employers must complete to verify the identity and employment authorization of every new hire (both citizens and noncitizens), hired after November 6, 1986, to work in the United States. Employers are liable for all errors on the form (even errors made by the employee in completing Section 1), and employers must retain I-9s for inspection for a certain period of time after an employee leaves the company (either one year after the date of termination or three years after the hire date, whichever date is later).

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