On March 20, 2020, the Department of Homeland Security (DHS) announced that it will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9), under Section 274A of the Immigration and Nationality Act (INA). This announcement is the DHS response to precautions being implemented by employers and employees, related to physical proximity limitations associated with COVID-19.
Employers with employees taking physical proximity precautions, due to COVID-19, will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. However, employers must inspect the Section 2 documents remotely (for example, over video link, fax, or email, etc.) and obtain, inspect, and retain copies of the documents, within three business days. These provisions are available to employers for a period of 60 days from the date of this notice, or within 3 business days after the termination of the National Emergency, whichever comes first.
Please refer to the full guidance on https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance.
ONB added new panel which will be displayed during orientation step. Corporate representative should select the checkbox ("Select if physical inspection is deferred"), the HRData key namely I9_Covid19_PhysicalInspection with value 'Yes' will be saved for candidates to indicate that document inspection has to be carried out in future once the normal operations resume.
The entry of “COVID-19” and “documents physically examined” with the date of physical inspection to the Section 2 “Additional Information” field on the Form I-9 once the normal operations resume. There is nothing to be maintained at the time of the initial completion of the Form I-9 even for cases where physical examination is not done due to COVID-19 related precautions.
Users will be allowed to accept Driver's Licenses expired on or after March 1st 2020, following the DHS guidelines (period of 60 days from the date of this notice OR within 3 business days after the termination of the National Emergency, whichever comes first) and the addition of “COVID-19 EXT” text in Section 2 of Form I9.
ONB will help employers initiate physical verification after the national emergency has ended.
- Employees who didn’t complete physical verification will be notified through emails and asked to bring their original documents for verification once the emergency has ended.
- Hiring managers/Corporate representatives will receive email reminders prompting them to complete the physical inspection.
- Hiring managers/Corporate representatives will be able to use the COVID-19 searchable filters to view the candidates in the work queue so they can take necessary actions.
To enable reporting, you must add the I9_Covid19_PhysicalInspection to the Data Dictionary and add the I9_Covid19_PhysicalInspection field to the Advanced Report. Please review the following processes for additional information:
Adding a New Data Dictionary Entry
- Go to Home -> Settings -> Data Dictionary.
- Select Namespaces -> Features -> I-9.
- Select "New Field".
- Enter I9_Covid19_PhysicalInspection in the name field. The remaining fields can be filled in with any information.
Creating the I9_Covid19_PhysicalInspection Report
- Go to Home -> Reports -> Advanced Reports.
- Select "Create".
- Select any Name, Scope, and Template of your choice, then press “Next”.
- Find the "New field" section and press the "..." button.
- Search for I9_Covid19_PhysicalInspection and select it from the list of options.
- Select "Add field" (the field must appear in the list).
- Select “Next”.
- Select any additional report conditions to include and then click "Next".
- Chose to “Save” or “Discard” the report template, then click "Finish".