I-9 completion requirements change
Updated January, 20 2021
On March 19, 2020 the Department of Homeland Security (DHS) relaxed rules regarding the physical presence requirements associated with Employment Eligibility Verification (Form I-9). This exception is in place until either January 31, 2021, normal University operations resume under the phased reopening proclamation, or the termination of the national emergency, whichever comes first.
When remote review is allowed
I-9 coordinators may inspect Section 2 identity and employment authorization documents remotely when new hires are not expected to physically come into the workplace because it is operating remotely due to COVID-19 precautions.
When inspecting Section 2 documents remotely (e.g., over video link, fax or email, etc.), I-9 coordinators must:
- Obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2. Screenshots, scanned images, or other forms of remotely reviewed documents may be attached during the I-9 form completion process. If the employee’s WA State driver license expired on or after March 1, 2020, refer to additional guidance under the driver license renewal date extension section below.
- Upon inspection, check the box under “Document presented is a receipt”
- Maintain written documentation of the remote onboarding and telework policy for each employee.
Once the exception for physical review has expired
Within three business days of the remote review expiration by USCIS, I-9 Coordinators will need to:
- Identify remotely-onboarded employees by running the Audit Form I-9 Receipts R0669 report in Workday – for the Start Date, enter 3/26/2020, and for the End Date enter today’s date
- Inspect the employment verification documents in person for each identified employee
- Initiate the Amend Form I-9 business process to make updates to Section 2 of the employee’s Form I-9:
- Enter “Amend Form I-9” in Workday’s search field
- Search for the employee, then select OK
- Select Section 2. Employer or Authorized Representative Review and Verification
- De-select the Document presented is a receipt checkbox
- Verify that the Expiration Date field is accurate
- In the Overdue Reason field, select Other
- In the Overdue Reasons Other field, enter COVID-19
- In the Reasons for changes to Section 2 field, enter “Documents physically examined on MM/DD/YYYY” where the date is the day you physically inspected the employment verification documents
- Select Submit
For more information about the transactional details in Workday, please visit the I-9 user guide.
When remote review is not allowed
Remote review is not allowed if a new employee is required to physically come into the workplace and their duties must be performed onsite; in that case, identity and employment authorization documents must be inspected in person. If the employee’s WA State driver license expired on or after March 1, 2020, refer to additional guidance under the driver license renewal date extension section below.
Expired driver license acceptability for List B documents
Consistent with Governor Inslee’s Proclamation 20-41, if the employee’s WA State driver license expired on or after March 1, 2020, the document expiration date is temporarily extended and the document is acceptable as a List B document for Form I-9. As of January 19, 2021 the extension is in effect until the end of the COVID-19 emergency or until rescinded.
For expired driver license review, the I-9 coordinator must:
- Enter the document’s expiration date in Section 2 and enter “COVID-19 EXT” in the Additional Information field.
- Attach a copy of the Department of Licensing’s webpage or other notice indicating that expiration dates have been extended.
If the employee’s driver license expired on or after March 1, 2020 and is from a state other than Washington, I-9 coordinators must check whether that state has extended the document expiration date due to COVID-19 by checking that state’s Motor Vehicle Administration or Department of Motor Vehicle’s website prior to making the additional notations described.