The Department of Homeland Security (DHS) issued temporary relaxation of certain employment requirements during the COVID-19 pandemic. These included the inspection of I-9 documentation and how expired List B documents were to be handled.
As businesses begin the process of reopening, however, they need to ensure they are complying with all employee verification rules. As reported in a May 26 Legal Bulletin by Constangy, Brooks, Smith & Prophete, within 3 days of reopening, all I-9 documentation inspected remotely during a shutdown must be physically examined and the form finalized. Business owners must also ensure they are using the new Form I-9, which became mandatory May 1. E-Verify rules must also be carefully followed. Constangy et al recommend an internal audit of all documentation now to avoid potential civil penalties should an audit occur.
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