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As an I-9 Administrator or as an Authorized Representative, when you are completing Section 2 for employees with "Alien" status, you will notice a new document title "I-797, Notice of Action" added in List C. This document is treated the same as if the employee presented a valid receipt for an acceptable document. After normal operations are resumed, when the employee presents new evidence of employment authorization, then initiate receipt update process and update "I-797, Notice of Action" with the actual document. The employees may present their new EAD or any other acceptable document from either List A or List C as new evidence of employment authorization.
The following example shows the details of completing Section 2 using "I-797, Notice of Action". Click on List C drop down and select "I-797- Notice of Action" from the list.
This document will not be available in List C once the COVID-19 event is deactivated.
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The following message displays as soon as you select "I-797 - Notice of Action".
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According to the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), Form I-797 - Notice of Action showing approval of the EAD application is acceptable for completing Form I-9 when reverifying the current employees. Employees who require Reverification may present this document for completing Form I-9 until COVID event is disabled.
The following example shows the details of completing Section 3 using "I-797, Notice of Action" when the event is active. Click on the Document Title and select "I-797- Notice of Action" from the drop down.
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The following message displays as soon as you select "I-797 - Notice of Action".
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Primary flow: Section 2 is completed with COVID-19: Physical Inspection Delay and COVID-19 RUP: Receipt Update Required.
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After running the First AE, you can access the I-9 Section2 Correction process in My Task console or through Elasticsearch My Tasks.
My Tasks Console:
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Elasticsearch My Tasks:
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When clicked on “Complete I-9” link, the Section 2 page opens in edit mode. The Section 2 correction process inherits COVID-19 related Additional Information reason codes “COVID-19: Physical Inspection Delay” and “COVID-19 RUP: Receipt Update Required” from the primary flow. This, you can see in the Additional Information field.
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While completing Section 2, changing the document details is optional. If the candidate has presented actual documents for which the receipt was submitted, then update with the new document details. Otherwise, save/complete the activity without changing the documents.
In this example, we are saving section 2 without changing the documents.
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Note: After save, the “COVID-19: Physical Inspection Delay” reason code displayed in the Additional Information will disappear. Check “I Agree” and click on “Electronically Sign” button to complete Section 2.
Note: This transaction will be picked up for the Receipt Update process and go through the E-Verify activity when the second AE is run.
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Case 3: Covid-19: Physical Inspection Delay and List B identity documents, "ID card issued by state/territory" or "Driver's license issued by state/territory" with future expiry date
Primary flow: Section 2 is completed with Covid-19: Physical Inspection Delay and List B identity documents, "ID card issued by state/territory" or "Driver's license issued by state/territory" with future expiry date.
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After running the First AE, you can access the I-9 Section2 Correction process in My Task console or through Elasticsearch My Tasks.
My Tasks Console:
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Elasticsearch My Tasks:
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When clicked on “Complete I-9” link, the Section 2 page opens in edit mode. The Section 2 Correction process inherits COVID-19 related Additional Information reason code “COVID-19: Physical Inspection Delay” from the primary flow. This you can see in the Additional Information field.
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Changing the document details is optional.
Since the future date is already provided for the List B documents in the primary flow, there is no need to change the document details unless required when you save/sign Section 2.
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Note: After save, the “COVID-19: Physical Inspection Delay” reason code displayed in the Additional Information will disappear.
Check “I Agree” and click on “Electronically Sign” to complete Section 2.
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Update List B documents that are accepted as receipts
The transactions that have been completed with "COVID-19 RUP: Receipt Update Required" during COVID-19 period will be identified by the second AE and I-9 Section2 correction process is initiated for such transactions.
When I-9 Section2 correction process is initiated, the process routes to Section 2 activity bypassing the I-9 Section 2 Correction Reason page. The I-9 Section 2 correction page will be auto completed with Reason "COVID-19 Receipt Update Complete” and E-Verify "Yes" by default. Since the receipt transactions do not go through E-Verify in their primary flow, the correction process routes to E-Verify activity after completing Section 2.
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Few scenarios with examples are explained below:
Case 1: COVID-19 RUP: Receipt Update Required transactions that are picked up by the 1st AE for “COVID 19: Physical Inspection Delay”
Below example shows Section 2 Correction completed for the Physical Inspection Delay with pending Receipt Update.
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After running the second AE, access the I-9 Section2 Correction process in My Task console or through Elasticsearch My Tasks.
My Tasks Console:
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Elasticsearch My Tasks:
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When clicked on “Complete I-9” link, the Section 2 page opens in edit mode. The Section 2 correction process inherits COVID-19 related Additional Information reason code ““COVID-19 RUP: Receipt Update Required” from the primary flow. Also, an additional note “COVID-19 Receipt Update Complete” is added in Additional Information. This can be seen in the Additional Information field.
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If you have already entered actual document details in the I-9 Section 2 Correction process which was initiated when the First AE was run for the physical inspection delay, then there is no need to change the document details unless required when you save/sign section 2.
If the actual documents were not entered in the previous process, then enter unexpired documents in List B and save/electronically sign.
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In the above case, if you save/sign the activity without changing the documents or enter expired documents, then the system will display the following error message.
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After completing Section 2, the process routes to E-Verify activity. Click on “Create Case” button to continue to DHS verification.
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Case 2: COVID-19 RUP: Receipt Update Required with COVID-19: Documents Physically Examined
Primary flow: Section 2 is completed with COVID-19 RUP: Receipt Update Required and COVID-19: Documents Physically Examined.
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After running the second AE, you can access the I-9 Section 2 Correction process in My Task console or through Elasticsearch My Tasks.
My Tasks Console:
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Elasticsearch My Tasks:
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When clicked on “Complete I-9” link, the Section 2 page opens in edit mode. The section 2 Correction process inherits COVID-19 related Additional Information reason codes “COVID-19 RUP: Receipt Update Required” and “COVID-19: Documents Physically Examined” from the primary flow. Also, an additional note “COVID-19 Receipt Update Complete” is added in Additional Information. This can be seen in the Additional Information field.
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Enter unexpired List B identity documents provided by the employee and save/electronically sign.
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If you save/sign the activity without changing the documents or enter expired documents, then the system will display the following error message.
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Note: After save, the “COVID-19: Documents Physically Examined” reason code displayed in the Additional Information will disappear.
Check “I Agree” and click on “Electronically Sign” button to complete Section 2.
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After completing Section 2, the process routes to E-Verify activity. Click on “Create Case” button to continue to DHS verification.
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