Due to the COVID-19 crisis, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced flexibility in Form I-9 requirements. The DHS has announced a temporary policy regarding expired List B identity documents used to complete Form I-9, Employment Eligibility Verification. According to this, the List B identity documents, "State ID" or "Driver's License" are acceptable even if they are expired on or after March 1, 2020. Also, the DHS announced flexibility in Form I-9 physical document review. Employers while onboarding the New Hires, can put on hold the in-person verification of Form I-9 employment eligibility documents until the COVID-19 national emergency is terminated. In accordance with these requirements, we have enabled few system level changes in Form I-9 Processing. The changes that have been made in the system are explained in detail in the following sections.

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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.

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.

The following message displays as soon as you select "I-797 - Notice of Action".

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Enter other details of the document and complete Section 3. When the New Hire presents actual document, initiate Reverification Correction and replace I-797 - Notice of Action with the new document.

How

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to complete Form I-9 tasks after the COVID-19 event ends?

The Form I-9 requirement flexibility which was granted earlier this year in the event of COVID-19, will be ending by the end of this year. The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) has announced Dec 31, 2020 as the end date for the flexibility in Form I-9 physical document review and the temporary policy on List B documents. 

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