Yesterday, the Biden Administration announced that it plans to rescind the current geographic COVID-19 related travel bans implemented for foreign nationals traveling from China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India and will instead implement a requirement that foreign nationals be fully vaccinated against COVID-19 to enter the U.S. While at this time the administration did not provide an exact date of implementation, officials did state that they anticipate this will be in place in early November. We also expect to have further details on what proof will be required and what vaccines will be accepted in early November. If you have any questions, please contact your Graham Adair attorney.
Trump Announces Plans to Temporarily Stop All Immigration to U.S.
President Trump tweeted late Monday that he will sign an executive order temporarily suspending immigration to the United States. His announcement cited the coronavirus pandemic, as well as the millions who have become unemployed in recent weeks.? There are significant questions that are yet to be answered around this announcement: exactly when and how this will be implemented, who it will cover, and how long it will be in effect.? It does seem to indicate that the President plans to extend immigration restrictions beyond those already in place to travelers coming from most of Europe, China, Canada, Mexico and Iran.
Graham Adair will continue to monitor the situation and provide updates here as they become available.?If you have any questions, please contact your Graham Adair representative.
Flexibility in I-9 Verifications during COVID-19 Shutdown
The Department of Homeland Security announced that it will defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9).? As employers and employees observe social distancing precautions, employers can now inspect Section 2 documents remotely via video link, fax or email, etc.? However, please note the following important steps:
- Employers must view Section 2 documents, even if remotely, within 3 business days of the start of employment;
- Documents submitted via email/fax/etc. must be retained;
- Once physical examination is conducted:
- Employers should enter “COVID-19” in the “Additional Information” box on Section 2;
- Employers should add “Documents physical examined [INSERT DATE]” in the “Additional Information” field on Section 2.
- The explanation for the delay should also be added on a memo attached to the employee’s I-9 file.
- Once normal operations resume, employees must present the original documents used during remote verification within 3 business days.? Employers should add the date in which in-person verification took place in the “Additional Information” field on Section 2.
Employers may implement the above provisions for a period of 60 days from March 20, 2020 OR within 3 business days after the termination of the National Emergency, whichever comes first.
The above rules only apply to employers and workplaces that are operating remotely.? If employees are physically present at a work location, normal I-9 verification rules apply.
If you have any questions regarding I-9 compliance, please contact your Graham Adair representative.