were originally set to expire in May, then postponed to June, and are now set to expire July 18th. In each instance, the government extended the temporary guidance at the last minute.
The provision in question is the requirement to examine all new hires' documents to determine if a person is legally allowed to work in the country. Federal law mandates this must be done in person, but this temporary guidance has allowed employers to review documents virtually.
So, what happens when those extensions are no longer granted?
We turned to EBI’s foremost Form I-9 expert for her guidance and best practices for businesses.
Back in March, right as stay-at-home orders were going into effect, the Department of Homeland Security (DHS) announced it would allow some flexibility regarding the usually very inflexible Form I-9. As we originally explained here, it allowed businesses to inspect a new hire’s documents virtually over teleconferencing tools like Zoom or Microsoft Teams. Two extensions later, employers who are still operating remotely can continue using this method. We’ve been tracking this story for months in our Screening News Weekly Wrap. Click here for the latest segment.
But we’ve heard many businesses still have questions about how to proceed with Form I-9 in its current state, and what will happen to the backlog of paperwork they’ll need to process if the extension ends.
Courtney Nelson, Product Specialist at EBI, sat down with us to answer some of the most frequently asked questions.
Nelson: The government has been monitoring the COVID-19 situation and will issue updated guidance based on the current conditions.
human resources departments already stretched thin due to COVID-19.The ability to review documents remotely is helping in the short term, but it is also putting an enormous amount of pressure on
EBI Can Help
Many employers are opting to utilize Authorized Representatives to complete Section 2. That means companies are either naming an authorized agent to meet their new hires and inspect their documents within three days of starting work, or they are using such a service offered by their background screening partner, like EBI. Either way, this prevents the unexpected stress of trying to complete old I-9s while struggling to get the business reopened.
If you have more Form I-9 questions, we encourage you to reach out to us. Feel free to email us, connect with us on our LinkedIn page, or speak with one of our experts. As always at EBI, our goal is to help you make informed hiring decisions to propel your business forward.