DHS has released guidance on completing the I-9 form with an all remote workforce. As a reminder, the updated I-9 form must be used for all new hires no later than May 1.
Updated Form: Deadline Is May 1st for mandatory use
When you are hiring employees, you MUST use the new form as of May 1, 2020. I know many of you small business owners are accessing the form directly from the website (you can click here to get it). That’s great! If you are grabbing one off the website each time you process a new hire, you’re all set. In case you printed off a stack previously, take a look and verify that they are ALL dated 10/21/19. If they are, you’re using the right ones. If not, trash the old ones and download some of the new ones. Or just download what you need, when you need it.
As is typical, the I-9 form was updated last fall and businesses had an overlap time period where they could use either the older form or the updated one. That time is rapidly coming to an end. On May 1, the mandatory use of the new form begins. So, make sure you are using the correct one.
How to inspect documents when you’re working remotely
If you have an all remote workforce right now, you MAY complete the I-9 with documents that you inspect the documents over video conferencing, fax, or email. You still need to obtain and maintain copies of the documents within 3 business days. In Section 2, under Additional Information, put “COVID-19” as the reason for delaying the physical inspection of the documents. Once businesses can return to an on-site model, any employees hired remotely need to present their physical documents within 3 business days. Then in the Additional Information, add “documents physically inspected” and the date.
If you have any employees, at all, showing up onsite, then the regular 3 business day requirement still stands.