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.

The list of changes that were made in the system have been communicated to the I-9 Administrators via email. 

To indicate the COVID-19 Temporary Policies related to Form I-9 are in effect, a banner has been added to the I-9 Administrator's home page. The banner shows up as soon as the I-9 Administrator login into the system. This will not appear after the normal operations are resumed.

What are the changes in Form I-9 requirements?

Form I-9 Section 1

According to DHS announcement, there is no change in Form I-9 section 1 requirements. Hence no changes have been made to New Hire's onboarding Form I-9 Section 1. The New Hire will complete and sign Section 1 and select Preparer/Translator option if applicable. 

The completed Form I-9 section 1 is shown below.

Section 2 Changes

As an I-9 Administrator or as an Authorized Representative, when you are completing Section 2, you will notice additional warning messages and data capturing screens to alert you to comply to these new temporary policies. Before navigating to section 2, it is necessary that the I-9 Administrators have to acknowledge the COVID-19 Temporary Policy that appears in runtime. For details, please refer to the COVID-19 Temporary Policy page under I-9 Specialists. 

Given below are the list of changes in Section 2 with examples:

a) Temporary policy related to List B identity documents expiry

Beginning on May 1, identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. Within 90 days after DHS’s termination of this temporary policy, the employee will be required to present a valid unexpired document to replace the expired document presented when they were initially hired. In case, if the employee presents List B identity document expired on or after March 1, 2020 that has been extended by the Issuing Authority, the document is acceptable for Form I-9 (not as a receipt).

1)    When your employee provides an acceptable expired List B document that has been extended by the issuing authority you should:

For the scenario where state issued documents' (State ID and Driver's License) expiration date is auto extended, I-9 Specialists need to check in the state Motor Vehicle Administration or DMV website for confirmation.

In I-9 Section-2 for the List B documents "State ID" or "Driver's License" it is acceptable to have document expiry date on or after March 1, 2020. 

Any expiration date before March 1, 2020 is not valid. When you select "Driver's License" in List B and select expiration date before March 1, 2020, the system shows an error message to alter the expiry date.

When the expiration date is a future date, no error shows up and this is the normal behavior of Section 2 process.

When the past expiration date is entered (after March 1, 2020), a secondary page displays where you need to select a COVID-19 reason code.

The Reason Code page displays as shown below. Click on the "Reason Code" dropdown to select an option.

Select "COVID-19 EXT : Extended Indefinitely" option and click "OK" button.

The selected reason code is auto populated in the additional information section as shown below.

If you want to enter additional data, click on the button "Add Additional Information". The manual input of text in the Additional Information field is optional.

On the Additional Information page, enter text as you need and click "OK". Here, a sample text is entered in the additional information box.

The text added in the Additional Information page appears in Section 2 "Additional Information".

Attaching a copy of a web page or other notice indicating that the issuing authority has extended the documents is required. Otherwise, the below error message displays when you save/sign Section 2.

Click on the "Attachments" gadget to upload documents.

Click "Upload" button.

Click "Choose File" and select the file to upload.

Once the file is attached, click "Upload".

Select an appropriate Attachment Category "COVID-19 EXT: Extended Indefinitely" and click "OK".

If any other option is selected, an error message shows up to correct the Attachment Category.

After entering document details and attaching the uploads, enter the New Hire's Hire Date, check "I Agree" and click "Electronically Sign" button. You can also avail the option of assigning I-9 to remote user if needed.

Before completing Section 2, a question will be prompted about physical verification of documents. Make your selection by clicking on "Yes" or "No" button. These details are also auto populated in the additional information field.

This completes the Section 2 activity. Here, the candidate is NOT required to later present a valid unexpired List B document. The page now navigates to the E-Verify activity.

Login as a E-Verify Specialist and enter the case creator's details on the E-Verify page. Click on "Create Case" button and continue with the verification process.

Edits to Section 2 form are allowed until the DHS case number is created in the E-Verify activity.

2) When the acceptable expired List B document has NOT been extended by the Issuing Authority

If a candidate provides an acceptable expired List B document that has NOT been extended by the Issuing Authority (i.e. the State DMV or State DPS), enter the document as a ‘Receipt’. In this case, the E-Verification will be put on hold until the valid unexpired document is presented by the employee.

When the secondary page appears, select "COVID-19 RUP : Receipt Update Required" in the Reason Code and click "OK".

This Reason Code is added in Section 2 Additional Information as shown below.

If you want to add more notes to the Additional Information, click on "Add Additional Information" button.

Enter additional information as required and click "OK".

This entry is added in Section 2 Additional Information notes as shown below. If you want to edit the information that you have added, click on "Add Additional Information" button and edit the text.

Uploading the documents is not mandatory here like in the above process.  Enter the New Hire's Hire Date, check "I Agree" and click "Electronically Sign" button. You can also avail the option of assigning I-9 to remote user if needed. If you want any changes to be made by the candidate in Section 1, use the "Restart Section 1" option.

At the end of completing Section 2, a question will be prompted about physical verification of documents. Make your selection by clicking on "Yes" or "No" button. 

This completes the Section 2 activity. Here, the candidate is required to later present a valid unexpired List B document. The page now navigates to the E-Verify activity. 

Since receipt is presented by the candidate, the E-Verify activity cannot be proceeded further until a valid document is presented. Click on "Mark as Complete" to complete the process.

If you check the E-Verify page, you will notice the DHS status as "DHS Verification Deferred".

After the COVID-19 temporary policy ends, within 90 days the employee is required to present a valid unexpired document to replace the expired document presented when they were initially hired. 

When the original documents are presented by the candidate, initiate I-9 Section-2 Corrections via Elasticsearch to update the valid unexpired I-9 Section-2 details. Search for the record with candidate's Last Name. In Life Cycle related actions, initiate Section 2 Correction.

Click "Yes" on the message.

Select "COVID-19 Receipt Update Complete" as Reason.  Also make sure you select "Yes" for Allow E-Verify. Click "Continue".

Section 2 opens in edit mode with previous details populated in fields. Note that Section 2 additional information includes previous notes printed in it.

In this case, we are updating expiration date of the List B document. If need to add manual comments, it can be updated too by clicking on the Add Additional Information button.

After updating Section 2, check "I Agree" and click "Electronically Sign".

Click "Yes" on the document verification message.

The process now navigates to E-Verify activity. E-verify can be initiated now when the valid unexpired documents are provided. Create case and continue with the verification process.

b) Form I-9 Physical Document Review Flexibility 

The DHS announced that when Form I-9 related documents are reviewed remotely, a "COVID-19" annotation is required to be added in Additional Information of Section 2.

As an I-9 Administrator or as an Authorized Representative, when you complete the Section-2, you will now be prompted with additional question to support whether or not physical document examination is done. Depending on the response, system will add the necessary information to the Additional Information notes section of the form.

When the documents are remotely reviewed, choose "No" option in the below message.

The note "COVID-19: Physical Inspection Delay" will be auto populated in Section 2 Additional Information field.

When the documents are physically verified, choose "Yes" option in the above question. This will add the text "COVID-19: Documents Physically Examined" in the Addition Information field.

In addition to the system generated notes, there is an option available to enter additional notes manually in the Additional Information Field.

The documents that are not physically verified must be reviewed within 3 days after normal operations are resumed.

You can find more information about this process at https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance#wcm-survey-target-id.

How to edit 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.

Case 1) When Section 2 activity is completed and DHS case is not yet created

Let's consider a completed Section 2 transaction with physical verification process delayed. Since the DHS case is not yet created, the Section 2 edit will still be available for this transaction.

Click on "Complete I-9" link in the left navigation and access the completed Section 2 activity. Click on "Edit" button. This button will show in completed activity of Section 2 only until the DHS case is created

Section 2 opens up with the previous data populated in edit mode. Click on "Add Additional Information" to add/edit the existing manual entry of additional notes.

If you want to convert the transaction to physical verification completed, do not make any changes to document details and attachments. Simply check "I Agree" and click "Electronically Sign".

Note: You can also go back to the previous mode and retain old data by cancelling the edit before signing Section 2.

When the question about physical verification of documents displays, click on "Yes". This completes the Section 2 process with documents physically verified. The process now navigates to E-Verify activity for DHS case creation.

When you check completed Section 2 activity, you will notice the note "COVID-19: Documents Physically Delay" is replaced with "COVID-19: Documents Physically Examined" in additional information.

Case 2) Process completed invitations with physical inspection delay 

For invitations that are process completed with physical inspection delay, initiate Section 2 correction to edit Section 2. To access Section 2 correction related action, navigate to Elasticsearch by clicking on the icon. Select "I-9 Life Cycle" as Category and enter "Last Name" in search keyword field. Then click on "Search" button.

Access the Life Cycle actions by clicking on "..." displayed next to the link. Click on "Section 2 Correction" to initiate Section 2 correction process.

Click "Yes" on the message.

When you initiate Section 2 correction, the process shows as pending in Elasticsearch My Tasks for the I-9 Specialist.

The Section 2 correction opens a new page for selecting the reason code. Read the instructions carefully before you select the options.

Click on the dropdown and select an appropriate reason. You can come back to this page and switch option until Section 2 is completed.

Choose whether the correction requires E-Verify activity. Based on this, the process will decide whether to navigate to E-Verify activity or not. In this case, the E-Verify activity is chosen as "No".

Click on "Continue".

Section 2 opens up with previous data populated in edit mode. Click on "Add Additional Information" button to add/edit manual entry of additional notes. 

After making the necessary changes, check "I Agree" and click on "Electronically Sign". 

If the documents are physically verified, click "Yes" on the document verification message. This completes the Section 2 process. Since we have opted for no E-Verify, the process will not route to the E-Verify activity.

When you recheck completed Section 2 activity, you will notice the note "COVID-19: Physical Inspection Delay" is replaced with "COVID-19: Documents Physically Examined" in additional information.

Case 3) Invitations with DHS case created

On any invitation where E-Verify case is already created (Unconfirmed Data and further verification states) make sure to complete the process and then do the Section 2 correction. 

For initiating Section 2 correction and completing the process, please refer the above section (Case 2).

Case 4) Add additional notes such as physical verification delay for a process completed invitation

For invitations that are process completed, initiate Section 2 correction to update additional notes in Section 2.

To access Section 2 correction related action, navigate to Elasticsearch by clicking on the icon. Select "I-9 Life Cycle" as Category and enter "Last Name" in search keyword field. Then click on "Search" button. Access the Life Cycle actions by clicking on "..." displayed next to the link. Click on "Section 2 Correction" and initiate the process.

Click "Yes" on the message to confirm.

A page displays to select the reason for Section 2 correction. 

Select an appropriate reason from the dropdown list.

Entering "Other Notes" is optional. Select "Yes" or "No" option for E-Verify. For adding additional information in Section 2, E-Verify is not required.

Then click "Continue". You can edit the options on this page until Section 2 is completed.

Section 2 opens in edit mode with old data populated in fields. For entering additional notes manually click on "Add Additional Information" button. This is optional.

Make your entry in the text box.

The text you have entered in the previous page appears in the Additional Information field.

Before you sign Section 2, you will be asked a question regarding physical verification of documents. Click "No" if you want to add physical verification delay in the additional notes.

When you check the completed activity of Section 2, you will notice "COVID-19: Physical Inspection Delay" note added in the Additional Information field. 

What is COVID-19 Form I-9 flexibility for Form I-766 - Employment Authorization Document (EAD)?

In addition to the flexibility in Form I-9 Compliance for List B documents, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a relaxation in I-9 List C document requirements for Form I-766 Employment Authorization Document.

According to this, Form I-797 - Notice of Action showing approval of the EAD application, is acceptable as List C document if the employee's EAD card is delayed due to COVID-19. For the notice to be acceptable, the Notice Date must be from Dec. 1, 2019 through and including Aug. 20, 2020 and USCIS has approved the employee’s Form I-765 Application for Employment Authorization. Both new employees who are waiting for their EAD and current employees who require Reverification may present this document for completing Form I-9 during COVID-19 event.

I-9 Section 2:

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".

Provide all the document information in List C and complete Section 2 activity. 

Note: If required you can also choose remote user option for completing Section 2. The Form I-9 flexibility to use "I-797 - Notice of Action" in List C is also available for the remote user when completing Section 2.

Since I-797 - Notice of Action is accepted as receipt, E-Verify will be on hold until original documents are presented. Click on "Mark as Complete" to complete the process.

Since the transaction has receipts, you will see the Receipts flag enabled in the I-9 Master.

Initiate Receipt Update

Once the actual documents are presented after the COVID-19 event, initiate I-9 Receipt Update process from the I-9 Console/Elasticsearch actions.

Initiate Receipt Update from I-9 Console:

For the selected I-9 ID, click on Info and Actions link.

Select Actions tab and click on "Initiate Receipt Update".

Initiate Receipt Update through Elasticsearch actions:

Another way to access this transaction is through Elasticsearch I-9 Life Cycle.  Select "I-9 Life Cycle" as the Category and enter search keyword in the Keywords field.

In this case, we have entered Company Name as the search keyword.  

Select an appropriate facet and filter the search results. For the selected row, click on actions and select "Receipt Update".

The I-9 Section 2 Correction Reason page displays as below:

Select an appropriate Reason for the receipt update from the dropdown.

Select 'Allow E-Verify' as "Yes" since the transaction needs to go through E-Verify process and click "Continue".

The Section 2 page displays as below. Replace I-797- Notice of Action with the actual documents.

If you save the activity without providing valid Employment Authorization document, then the system displays the following error message.

Click "Close" and enter the new document details in List A or in List B and List C as provided by the employee.

After entering the document details, check "I Agree" and click "Electronically Sign" button. This completes section 2 activity. Now the process navigates to E-Verify.

Click Create Case to initiate E-Verify and continue with the DHS verification.

Since the receipt is replaced with the actual document, the "Receipts Exist" flag will show unchecked in the I-9 Master.

Reverification:

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".

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 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. 

As per the DHS announcement, the physical verification of employee’s employment eligibility documents must be completed within three days after the event is disabled. Also, the transactions with expired List B Document accepted as a receipt during COVID-19 event with reason code ‘COVID-19: RUP’, must be updated with a valid unexpired document within 90 days. Keeping in view of these requirements, two App Engines are going to be scheduled to run after the COVID-19 event is disactivated. The first AE (SI9_CVD19_PI) runs only once after the COVID-19 event ends to target the transactions with 'COVID-19: Physical Inspection Delay' and initiate the Section 2 correction process, and the second AE (SI9_CVD19_RU) will be scheduled to run in recurrence for 90 days after 3 days of inactivation of the COVID-19 Event i.e from 4^th day of the event termination to capture the ‘Receipt Update Required’ transactions and initiate the Section 2 Correction process. 

Complete physical verification of employee’s employment eligibility documents

These transactions will be captured when the first AE runs for Physical Inspection Delay. The transactions that have been completed with "COVID-19: Physical Inspection Delay" during COVID-19 period will be identified by this AE and I-9 Section2 correction process is initiated for such transactions. The I-9 Specialist must complete the physical verification of employee's employment eligibility documents and record the details in Section 2. This process must be completed within three days after COVID-19 event expiry to keep up with the Form I-9 compliance.

For all the affected transactions, the I-9 Section 2 correction page will be auto completed with Reason "Add/Update Notes in Addl Info” and E-Verify "No" by default. When I-9 Section2 correction process is initiated, the process routes to Section 2 activity bypassing the I-9 Section 2 Correction Reason page. After Section 2, there will be no E-Verify for these transactions. In case, if E-Verify is pending such as in Receipt Update Required transactions, then they will have E-Verify activity routed when picked up by the second AE.

Few scenarios with examples are explained below:

Case 1: COVID-19: Physical Inspection Delay with COVID-19 EXT: Extended Indefinitely

Primary flow Section 2 is completed with "COVID-19: Physical Inspection Delay" and "COVID-19 EXT: Extended Indefinitely".

After running the First AE, you can access the I-9 Section 2 Correction process in My Task console or through Elasticsearch My Tasks.

My Tasks Console:

Elasticsearch My Tasks:

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 EXT: Extended Indefinitely” from the primary flow. You can observe this in the Additional Information field.

While completing Section 2, changing the document details is optional. If you have unexpired List B identity documents provided by the candidate, then update with the new document details. Otherwise, keep the primary flow documents as it is and complete the activity.

In this example, we are saving Section 2 without changing the documents.

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.

Case 2: COVID-19: Physical Inspection Delay with COVID-19 RUP: Receipt Update Required

Primary flow: Section 2 is completed with COVID-19: Physical Inspection Delay and COVID-19 RUP: Receipt Update Required.

After running the First AE, you can access the I-9 Section 2 Correction process in My Task console or through Elasticsearch My Tasks.

My Tasks Console:

Elasticsearch My Tasks:

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. You can observe this in the Additional Information field.

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.

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.

This transaction will be picked up for the Receipt Update process and go through the E-Verify activity when the second AE is run.

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.

After running the First AE, you can access the I-9 Section 2 Correction process in My Task console or through Elasticsearch My Tasks.

My Tasks Console:

Elasticsearch My Tasks:

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. You can observe this in the Additional Information field.

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.

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.

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.

Few scenarios with examples are explained below:

Case 1: COVID-19 RUP: Receipt Update Required transactions that are picked up by the 1^st AE for “COVID 19: Physical Inspection Delay”

Below example shows Section 2 Correction completed for the Physical Inspection Delay with pending Receipt Update.

After running the second AE, access the I-9 Section 2 Correction process in My Task console or through Elasticsearch My Tasks.

My Tasks Console:

Elasticsearch My Tasks:

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.

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.

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.

After completing Section 2, the process routes to E-Verify activity. Click on “Create Case” button to continue to DHS verification.

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.

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:

Elasticsearch My Tasks:

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.

Enter unexpired List B identity documents provided by the employee and save/electronically sign.

If you save/sign the activity without changing the documents or enter expired documents, then the system will display the following error message.

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.

After completing Section 2, the process routes to E-Verify activity. Click on “Create Case” button to continue to DHS verification.