Over the past few months, many employers took advantage of pandemic-inspired relaxation of Form I-9 review policies that allowed for employers to examine employment eligibility documents remotely. Now that many physical locations are reopening, things are changing again.

What exactly do employers need to do?

For Employees Hired Utilizing Remote Verification

• Within three business days of resuming normal operations, you should require any employees who were hired utilizing remote verification to show up in person for employment eligibility documentation review for Form I-9.
• Add the phrase “documents physically examined” as well as the inspection date to either the Section 2 Additional Information field or Section 3 on the Form I-9.
• Have the individual who handles the in-person examination sign the appropriate section on Form I-9.
• For any expired documents that were originally presented during the remote hiring process, the employer will need to go through reverification of applicable documents.

For Employees Being Rehired

• If you rehire employees within three years from the date you completed their previous Form I-9, you might either use that form or complete a new one.  If you choose to use the previous form, plan to complete Section 3 of the existing I-9 form 
• Employees rehired three years after you originally completed their Form I-9 must complete a new I-9 form.

For Employees Returning from a Temporary Layoff, Furlough, or Sick Leave

• A new I-9 form is not required for these employees.

For additional updates about when employers need to start following these guidelines, please monitor the DHS website and the ICE website.