Important Updates
Important Updates
February 26, 2026 | South AfricaSouth Africa: Meetings, Events, Exhibitions and Tourism Scheme Expression of Interest Period Now Open
February 26, 2026 | Hong Kong SARHong Kong SAR: Earlier Extension Filing Announced
February 26, 2026 | IndiaIndia: e-Production Investment Visa Replaces e-Production-Linked Incentive Visa
February 26, 2026 | New ZealandNew Zealand: Employment Conditions for Open Work Visas to be Imposed
February 26, 2026 | New ZealandNew Zealand: Rules on Investor Visa Relaxed
February 26, 2026 | South AfricaSouth Africa: Meetings, Events, Exhibitions and Tourism Scheme Expression of Interest Period Now Open
February 26, 2026 | Hong Kong SARHong Kong SAR: Earlier Extension Filing Announced
February 26, 2026 | IndiaIndia: e-Production Investment Visa Replaces e-Production-Linked Incentive Visa
February 26, 2026 | New ZealandNew Zealand: Employment Conditions for Open Work Visas to be Imposed
February 26, 2026 | New ZealandNew Zealand: Rules on Investor Visa Relaxed
February 26, 2026 | South AfricaSouth Africa: Meetings, Events, Exhibitions and Tourism Scheme Expression of Interest Period Now Open
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

DHS Announces Flexibility in I-9 Verification Requirements

March 20, 2020

insight-news-default

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a Glance

  • Where an employee is working remotely because of the COVID-19 emergency, the employer may inspect the employee’s identity and employment authorization documents virtually using remote technology when completing Section 2 of Form I-9, or when completing Section 3 for I-9 reverifications.
  • When normal operations resume, employers will need to physically inspect documents for any employee whose original documents were not physically examined by the Section 2 or Section 3 signer.
  • The interim COVID-19 measures may not be used where some employees are physically present at the work location.

The issue

The Department of Homeland Security has issued interim guidelines for remote I-9 verification during the COVID-19 emergency.

Employers with employees working remotely due to COVID-19 will not be required to review identity and employment authorization documents in the employee's physical presence until the emergency is over, DHS has announced. This accommodation is not permitted where employees are physically reporting to a work location.

The DHS remote guidelines are not mandatory. Employers may continue to follow standard Form I-9 procedures, including the use of agents to complete verification on the employer’s behalf.

The interim procedures will be in effect for 60 days, or until 3 days after the national emergency is over, whichever comes first.

What to do now: remote examination of documents

Employers who are eligible for and elect to use the interim guidelines will be able to inspect Section 2 documents remotely, by video, fax or email, and must retain copies of the documents. The ordinary timelines for I-9 completion remain in effect. Section 1 of the I-9 must be completed by the employee’s start date and section 2 must be completed within 3 business days of the new hire’s start date.

After the emergency is over

Once normal operations resume, employers will need to physically inspect documents for all employees onboarded and I-9'd remotely. Employers should enter "COVID-19" as the reason for the physical inspection delay in the Section 2 additional information field, once physical inspection takes place after normal operations resume. Once the documents have been physically inspected, the employer should add "documents physically examined" with the date of inspection to the Section 2 additional information field (or Section 3 in reverification situations). 

Employers are advised to talk to their Fragomen representative or a member of the firm’s Government Strategies and Compliance team to develop procedures for addressing I-9s completed using these relaxed procedures once normal operations resume.

Limitations on use of remote procedures

If any employees are physically present at a work location, the interim guidelines do not apply.  All standard Form I-9 procedures and timelines remain in effect. However, if new employees become subject to COVID-19 quarantine or lockdown protocols, DHS may accept the employer’s use of remote procedures, but will evaluate these scenarios on a case-by-case basis.

Using an agent to complete I-9 verification

Under standard Form I-9 verification procedures, employers may designate an authorized representative to act on their behalf to complete Section 2. The representative must physically examine the employee’s identity and employment authorization documents in the employee’s physical presence.

An authorized representative can be any person the employer designates to complete and sign the Form I-9 on their behalf, including a friend or family member of the employee. No formal agreement or designation between the representative and the employer is necessary.  However, the employer is liable for any I-9 violations made by the authorized representative.

Temporary hiatus in I-9 audits

DHS also announced that effective March 19, 2020 any employer that had received a Notice of Inspection in March 2020 that had not yet responded to the audit would be provided an automatic 60-day extension of time to respond.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

Country / Territory

  • United StatesUnited States

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Times Higher Education: Chaos’ Expected as New Visa Compliance Rules Now Due in June

Senior Manager Jonathan Hill notes that tighter UK visa compliance rules and new rating measures create additional challenges for universities.

Learn more

Video

Brazil: Early Career Visa

Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Blog post

Under EU Review: Germany’s Visa Requirements Trigger Infringement Proceedings on Vander Elst Compliance

Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Media mentions

Times Higher Education: Chaos’ Expected as New Visa Compliance Rules Now Due in June

Senior Manager Jonathan Hill notes that tighter UK visa compliance rules and new rating measures create additional challenges for universities.

Learn more

Video

Brazil: Early Career Visa

Partner Diana Quintas outlines key early career visa pathways and practical considerations for employers and graduates navigating entry-level immigration options.

Learn more

Fragomen news

Canadian Lawyer Magazine: Fragomen, Immigration Firm, Adds Julie Lessard as Partner in Montréal

The Montreal office has added Partner Julie Lessard and Counsel Elsa Agostinho and Sophia Khanzadian to strengthen its immigration services.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Blog post

Under EU Review: Germany’s Visa Requirements Trigger Infringement Proceedings on Vander Elst Compliance

Manager Dr Adela Schmidt and Senior Associate Isabel Schnitzler analyse the European Commission’s infringement proceedings against Germany concerning its Vander Elst visa requirements for third-country nationals providing short-term cross-border services and explain why current compliance obligations remain unchanged.

Learn more

Blog post

Venezuela’s Energy Reset: Unlocking Opportunity, Managing Risk and Deploying Talent Strategically

Latin America & the Caribbean Managing Partner Leonor Echeverria, Senior Associates Sarah Blackmore and Sonya Cole and Senior Regional Knowledge Manager Laura Weingort examine renewed energy interest in Venezuela and outline key immigration pathways, procedural constraints and strategic considerations for compliant talent deployment.

Learn more

Media mentions

Global Mobility Lawyer: EU to Leverage Visas With New “Assertive Migration Diplomacy” Strategy

Senior Manager Andreia Ghimis highlights how the EU’s new migration strategy could create opportunities for employers while increasing compliance requirements.

Learn more

Awards

Spear's 500 Recognises Partner Julia Onslow-Cole

Partner Julia Onslow-Cole is recognised in the Spears 500 guide to leading private client advisers, reflecting her experience advising high-net-worth individuals, families and global businesses on complex UK and European immigration and mobility strategies.

Learn more

Media mentions

Arabian Gulf Business Insight: Saudi Business Visa Rejections Rise as Scrutiny Tightens

Partner Abeer Al Husseini discusses increased scrutiny of Saudi business visas in AGBI, highlighting stricter review of short-term entry used for operational work and the implications for regional employers.

Learn more

Awards

Doyle’s Guide 2026: Fragomen Leaders Recognized as Leading Immigration Lawyers

Australia and New Zealand Managing Partner  Teresa Liu, Partner Charles Johanes, Practice Leaders Hedvika and Leader Ben Lear and Senior Associate Hannah Scanlan are recognized in the 2026 edition of Doyle’s Guide as leading immigration practitioners in Australia.

Learn more

Awards

Fragomen Ranked Band 1 in the Chambers Global 2026 Guide

Fragomen is ranked Band 1 for Immigration: Business in the Chambers Global 2026 Guide, marking two decades of recognition since 2006. The firm is also the only firm ranked Band 1 in the Global: Multi-Jurisdictional Immigration category and receives additional individual recognitions in the USA: Business Immigration rankings.

Learn more

Fragomen news

Fragomen Strengthens Canadian Practice with Partner and Counsel Hires in MontréalLearn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.