Remote Form I-9 Verification Procedures

GENERAL SERVICES ADMINISTRATION

     Washington, DC 20405

HRM 4415.1

November 13, 2020

GSA ORDER

SUBJECT:  Remote Form I-9 Verification Procedures

1.  Purpose. This Order establishes the General Services Administration (GSA) policy governing U.S. Department of Homeland Security (DHS) Form I-9 (also referred as I-9) remote inspection flexibilities. This guidance will establish remote inspection requirements to support the agency’s virtual work environment.

2.  Background.

     a.  The Immigration Reform and Control Act (IRCA) Public Law 99-603, 100 Statute 3359 (enacted November 6, 1986) prohibits employers from knowingly hiring unauthorized illegal immigrants in the U.S. without completing the employment eligibility verification process. This act led to the creation of I-9, Employment Eligibility Verification form. All U.S. employers must use the I-9 for all employees hired on or after November 6, 1986. The new employee must complete Section 1 and show both an approved form of identification and employment authorization. The employer must complete Section 2 and examine the documents in the presence of the employee, no later than three business days after the employee enters on duty.    

     b.  DHS issued temporary guidance on March 20, 2020, that allows agencies to onboard new employees without physically reviewing I-9 required documents during the COVID-19 pandemic. As noted in the temporary guidance, “employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee”. GSA does not expect that DHS will allow agencies to continue to onboard new employees without physically reviewing documents indefinitely nor waive the physical review requirement permanently. Therefore, this Order will serve two purposes: 1) as official guidance during an emergency determined by the head of the agency and 2) guidance to support the agency’s virtual onboarding work environment.

3.  Scope and Applicability.

     a.  This Order applies to GSA employees with the exception of the Office of Inspector General (OIG). The OIG has independent personnel authority. See Section 6 of the Inspector General Act of 1978, (5 U.S.C. App. 3), as amended and GSA Order ADM 5450.39D, GSA Delegations of Authority Manual (Delegations Manual), Chapter 2, Part 1. Similarly, GSA specifically recognizes that the Inspector General has independent authority to formulate policies and make determinations concerning training, employee development, and career management.

     b.  This Order applies to the Civilian Board of Contract Appeals (CBCA) only to the extent that the CBCA determines it is consistent with the CBCA’s independent authority under the Contract Disputes Act and it does not conflict with other CBCA policies or the CBCA mission.

4.  Implementation Action. Implementation under this issuance must be carried out in accordance with applicable laws, regulations and bargaining agreements. DHS temporary and/or permanent guidance supersedes any conflicting portion of this Order.