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.

...

For more details on process the transactions with "COVID-19: Physical Inspection Delay", please click here.

How to edit

...

I-9 Section 2 for the previously processed transactions?

Depending on the invitation status, the procedure to access Section 2 edit may vary. We will discuss few scenarios how this can be handled in the system.

...

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 COVID-19 temporary policy ends and normal operations are resumed after, 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 temporary policy ends.

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

...

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 during COVID-19 temporary policy.

The following example shows the details of completing Section 3 using "I-797, Notice of Action" during COVID-19 temporary policy. 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".

...

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 to complete I-9 transactions after

...

COVID-19 temporary policy ends?

For details on processes that are scheduled to run after the temporary policy ends and completing the I-9 transactions that are auto generated by these processes, please click here.