- Create a clear employee roster
- Compare the roster to all existing I-9s
- Delineate employees hired after March 20, 2020 whose documents were inspected remotely
- Make an action plan to inspect employee’s original documents in-person before August 30
- Correct unrelated errors/omissions on employees’ Form Ii-9s following USCIS guidelines
- Original documents are required (with rare exceptions for printed I-94s and other outliers) and must be presented in-person by the employee
- Update the Form I-9 in Section 2 or Section 3 (for re-verification)
- List the date of the physical inspection and annotate “documents physically examined”
- For further details and examples, see USCIS guidance, Form I-9 Examples Related to Temporary COVID-19 Policies.
- If remote employees work far from employer worksites, employers may use an authorized representative to review the documents in-person on behalf of the employer and update the Form I-9
- If the employer representative who remotely reviewed the original I-9 documents is not available to perform the in-person review of original documents, a different representative can:
- Annotate the “Additional Information” box, on page 2 of the I-9, OR
- Complete a new Form I-9 Section 2 and attach it to the prior remotely inspected Form I-9
- If the employee has since separated from employment, simply annotate in their Form I-9 “Additional Information” box, including the date of separation
- Remotely inspected documents that have since expired can still be reviewed in-person (i.e., US passport, green card, driver’s license or state ID) and new documents should not be requested
- Employers must not rely on a now expired document that would have required re-verification to prove ongoing work authorization (i.e., EAD or I-94)
- The employee will need to present a valid List A or List C work authorization document at the time of physical inspection
- An employee who was run through the E-Verify process when they were hired under the I-9 COVID-19 flexibilities provisions will still require the standard in-person inspection of original documents outlined above, but employers should not create a new E-Verify case nor update the employee’s existing E-Verify case relating to the physical inspection of their documents
Download Checklist here: Best Practices Checklist (abbreviated)
For Gen Z employees, their peak productivity typically is later at night, not the standard 9-5 employers are accustomed to. A study from Adobe found that over a quarter (26%) of Gen Z workers reported their peak productivity time between 6:00pm-3:00am, versus 18% of millennials, 13% of Gen X, and 6% of Boomers. Peak productivity times vary between generations. Boomers reported peak productivity in the early morning (3:00am-9:00am). 76% of Gen X employees say they are most productive from 9:00am-6:00pm. Gen Z employees were the least likely to report peak productivity during the traditional 9:00am-5:00pm. Over 60% of Millennial and Gen Z employees feel pressured to work traditional hours, even if they are not as effective, versus 52% of Gen X and only 42% of Boomers feel this pressure.
