COVID-19: Deferred Physical Inspection FAQ
Deferred Physical Inspection FAQ
This list of FAQs is a blend of questions from the USCIS FAQ page and questions we’ve heard from our customers.
- Q: Our company began operating remotely during COVID-19 and will not return to work in the office. Must we still conduct the in-person document inspection for each employee who we hired while using the COVID-19 remote inspection flexibilities?
- A: Yes. Employers must physically examine documents for those employees who were hired on or after March 20, 2020, and for whom the employer has to date only conducted a remote inspection consistent with the flexibilities first announced in March 2020. Employers will have 30 days after the end date of the flexibilities on July 31, 2023 – that is, until August 30, 2023 – to complete in-person physical inspection.
- Q: If our employees are all working across the country rather than in my location, how can I complete the in-person inspection? Are there alternative options?
- A: Employers may choose to use an authorized representative to fill out their portion of the Form I-9 on their behalf. Authorized representatives may also complete the in-person inspection as needed.
- Q: Our company utilized the Remote Form I-9 (Employer Appoint, Employee Appoint, and/or Network Alliance) features within the Tracker I-9 system to have Section 2 documents physically inspected by a third party. Do we need to physically re-examine the documents for Employer Appoint, Employee Appoint, and/or Network Alliance Form I-9 record?
- A: No, this is only applicable to Form I-9 records whose documents were examined virtually under the temporary DHS Deferred Physical Inspection policy. It does not apply to I-9s where documents were physically examined by a third party, such as through the Remote Employer Appoint, Employee Appoint, or Network Alliance Tracker I-9 features.
- Q: What if we complete remote inspection of an employee’s documents but the employee separates from employment with our company prior to the completion of the in-person document inspection?
- A: If the employee separates before the physical inspection can be completed, include an explanation in the Additional Information box on Form I-9 and the date of the employee’s separation.
- See "How to Update the Form I-9 in the Tracker System: Scenario 3: Updating the Form I-9 for Separated Employees" portion of the COVID-19: Deferred Physical Inspection Guide for more details.
- A: If the employee separates before the physical inspection can be completed, include an explanation in the Additional Information box on Form I-9 and the date of the employee’s separation.
- Q: What if an employee refuses to meet for a physical document inspection at the end of the flexibilities? Must we terminate this employee, or can we add a memo to the file indicating that we remotely examined the employee’s documents but were not able to complete the physical inspection?
- A: An employer cannot retain an employee who the employer knows is not authorized to work in the United States or that does not fulfill Form I-9 documentary requirements. This includes presenting documentation for in-person physical examination. Employers are required to complete Form I-9 for all new hires, including the requirement to physically examine identity and work authorization documents.
- Q: What if the document was valid during remote inspection and is now expired during the physical inspection?
- A: If the employee’s document was unexpired at the time of remote inspection, the employer should not request a new document and can proceed with the physical inspection consistent with DHS guidance.
- Q: After physically inspecting the employee’s documents, do we need to update the existing E-Verify case or create a new case, if we use E-Verify?
- A: Employers should not create a new E-Verify case for this employee, nor should they update the existing E-Verify case, in connection with this physical inspection.
- Q: We heard that DHS may be considering a permanent rule that would allow for remote document inspection. Is there an update you can share?
- A: Yes. with the release of the newest Form I-9 on 08/01/23 DHS also has introduced rules for a new Alternative Procedure for Document Examination. Please see the DHS Alternative Procedure for Document Examination FAQ for more information.
Questions for Scenarios where the original virtually inspected document cannot be presented for physical inspection.
- Q: What should we do if the employee is unable to present the original virtually inspected documents?
- A: You may use different new documents and amend Section 2 to record them, see the "How to Update the Form I-9 in the Tracker System: Scenario 2: Employee Presents Different Documents for a New Form I-9" portion of the COVID-19: Deferred Physical Inspection Guide for more details
- Q: The employee has a status of Alien Authorized to Work and is unable to present the original virtually inspected document(s), but Section 3 reverifications have been completed where the new document(s) have been physically examined. Do we need to re-record their most recent document in Section 2 even though it is already in Section 3?
- A: For Employees where the original virtually inspected documents cannot be provided for physical inspection, and Section 3 reverification has occurred where new documents were physically inspected. USCIS Form I-9 Support has advised that you may annotate that in the additional notes section in Section 2 identifying that new documents were physically inspected and recorded in Section 3 of the I-9 and the original Section 2 documents could not be provided for physical re-inspection.
- Q: Our employee's citizenship status has changed and they are unable to present the original virtually inspected document(s), what are our options for handling the physical inspection?
- A1: For employees who have changed citizenship and are not able to provide the original virtually inspected documents, how they should be handled will ultimately depend on what documents they are able to present for the physical inspection and whether they have had a Section 3 document physically inspected. Specifically, it will depend on whether the new documents are citizenship status-dependent documents or not.
- For example; in the case of an employee going from a Lawful Permanent Resident to a US Citizen, if they are presenting a US Passport, a new Form I-9 would be necessary. However, if they are presenting something like a driver's license and an unrestricted Social Security Card, Section 2 can be amended to record those new documents.
- More information about recording new documents in Section 2 and creating a new Form I-9 if necessary can be found in our COVID-19: Deferred Physical Inspection Guide.
- A2: Alternatively, USCIS & DHS have presented the option to provide the document title, document number, issuing authority, and expiration date (if any) of the new document in the Additional Information field and notate that the employee presented this document at physical inspection. However, DHS recommends a new Section 2 be completed, which can be achieved via the guidance in Answer 1 (A1) above.
- A1: For employees who have changed citizenship and are not able to provide the original virtually inspected documents, how they should be handled will ultimately depend on what documents they are able to present for the physical inspection and whether they have had a Section 3 document physically inspected. Specifically, it will depend on whether the new documents are citizenship status-dependent documents or not.