What Employers Need to Know: E-Verify & I-9 Requirements

Posted by Tonya Fletcher SPHR, SHRM-SCP on Mar 25, 2020 11:47:00 AM
Tonya Fletcher SPHR, SHRM-SCP
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Our goal is to keep you informed of changes associated with the coronavirus that will impact you as an employer.

Read on to learn about recent changes to E-Verify and I-9 Requirements.

E-Verify Extends Timeframes

E-Verify is extending the timeframe to take action to resolve the U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) Tentative Nonconfirmations (TNCs) in limited circumstances when an employee cannot resolve a TNC due to public or private office closures. You must notify the employee about their TNC result as soon as possible. Employers may not take any adverse action against an employee because the E-Verify case is in interim case status.

DHS Announces Flexibility in I-9 Requirements

The DHS has announced that it will exercise discretion to defer the physical presence requirements associated with Form I-9. Employers with employees taking physical proximity precautions due to COVID-19 will not be required to review documents in the employee’s physical presence.

Employers must inspect the documents remotely (email, fax, video link, etc.) and obtain, inspect, and retain copies of the documents within three business days. Employers should also enter COVID-19 as the reason for the physical inspection delay in the additional information field in Section 2 once physical inspection takes place after normal operations resume. Once the documents have been inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 additional information field or Section 3 as appropriate.

These provisions may be implemented for a period of 60 days from the DHS notice or within three business days after the termination of the national emergency, whichever comes first. This provision applies only to employers and workplaces that are operating remotely. Employers that avail themselves of this option must provide written documentation of their remote onboarding and telework policy.


Tonya Fletcher SPHR, SHRM-SCP

Written by Tonya Fletcher SPHR, SHRM-SCP

Tonya is the Labor Compliance Manager at FrankCrum. In this role, she leads the FrankAdvice team and manages the delivery and content of best practice information to client owners and managers regarding all types of employment related topics. When she’s not at work, Tonya enjoys international travel.

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