Covid-19 Related Changes to Immigration Employment Verification

On Friday March 20. 2020, the Department of Homeland Security announced two temporary changes to the immigration employment verification process resulting from COVID-19 and the associated State of Emergency.  DHS’ Immigration and Customs Enforcement suspended the in-person document review requirement for employers in COVID-19 affected regions. 

Additionally, due to the closure of Social Security Administration’s public offices, E-Verify has lengthened the amount of time an employee has to respond and resolve a Tentative Non-Confirmation.

The Immigration and Nationality Act requires employers to verify that their employees are authorized to work in the United States.  This process requires an employer to physically inspect the documents an employee produces as evidence of employment authorization within three days of the commencement of work. 

Employers affected by COVID-19 National State of Emergency and related movement restrictions are still required to inspect documents.  However, they may inspect the documents via fax, e-mail, or video link.  Employers and employees must still complete an I-9 within three days of commencement of work.  Employers should note the date of the electronic inspection of the documents along with the note “COVID-19” in part 2 of the I-9 form. 

Actual physical inspection of the documents must occur within three days of the lifting of National Emergency.  The I-9 form should be annotated once the actual physical inspection of the documents occurs.  Employers should keep a list of employees hired during the State of National Emergency and contact them once the emergency orders are lifted.

Artemiste is committed to helping our clients navigate through these ever-changing HR challenges. We will continue to publish updates as they become available. We are available to answer any questions pertaining to employee relations issues during the crisis and beyond. 

Discover Our Expertise - Artemisteoffers a wide range of Human Resources services to help your business needs. We understand the challenges employers are facing and will work with you to ensure you have the best guidance and tools available. Contact us today for a complimentary consultation

Aisling Byrne, SHRM-SCP, CEBS, CMS, CPLPis the CHRO and CTLO at Artemiste where creating great places to work is our passion. Ms. Byrne is a frequent contributor to the Artemiste blog on many topics including onboarding, talent development, performance management, compensation planning, employee engagement, total rewards and learning and development.

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