Yesterday, November 18, 2021, Florida Governor Ron DeSantis signed legislation designed to give employees numerous COVID-19 vaccination exemptions to use to avoid any mandatory vaccination policy their employers seek to impose. Specifically, private employers must grant exemptions for: health or religious concerns; pregnancy or anticipated future pregnancy; past recovery from COVID-19; periodic testing or using
You’re probably used to having Plan A, Plan B, and a plethora of contingency plans to deal with the many challenges posed by the pandemic. Because the government has not decided whether to extend the “flexibility” given to employers with respect to the verification of I-9 documents, employers might need to be ready for the procedures to return to “normal.”
Continue Reading The Pandemic Is Far from Over, but I-9 “Flexibility” Might Be
In April, President Donald Trump imposed a 60-day ban on permanent resident cards issued abroad. The ban was supposed to expire on June 22. On that day, he signed an executive order that (1) extended this ban through the end of 2020 and (2) now restricts foreign nationals from outside the United States from using certain temporary employment-based visas through the end of the year. This order took effect June 24 and could have a significant impact on your business operations.
Continue Reading No Visas For You
Recognizing the profound impact COVID-19 is having on the way businesses operate, the Department of Homeland Security (DHS) has implemented temporary employment verification procedures to address some of these issues.
Form I-9 Inspection of Documents
Now and in the near future, employers taking physical proximity precautions due to COVID-19 will not be required to review an employee’s identity and employment authorization documents in person. Section 2, however, should still be completed within three business days of hire. Here’s how it will work:
- The employer may inspect the Section 2 documents remotely (i.e., via video link, fax, or email, etc.). As always, we recommend (and it may be required due to participation in E-Verify) retaining copies of the documents presented.
- Once physical inspection takes place, employers will enter “COVID-19” as the reason for the physical inspection delay in the field titled “Additional Information” in Section 2.
- Once normal operations resume, employees who were hired using remote verification must report to the employer within three business days for in-person verification of identity and employment eligibility documentation.
- Once the original 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 to Section 3 (if documents presented remotely have since expired).
- These provisions may be implemented by employers through May 19 (which could be extended) or within three business days after the termination of the National Emergency, whichever comes first.
- Employers who utilize these procedures must provide written documentation of their remote onboarding and telework policy for each employee.