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.