One of the many items on every employer's checklist while hiring a new employee is to verify the individual's identity and authorization to work in the United States. Employers are required to ask new hires to complete a portion of Form I-9, Employment Eligibility Verification (Form I-9) on the first day of employment and provide documentation supporting their work authorization for inspection within the first three business days. This obligation also extends to re-verifying documents with an expiration date on the work authorization and rehires of former employees.

The current rule for verifying employment authorization at 8 CFR §274a.2(b) and (c) requires physical inspection as a measure to prevent fraud, but what happened when employers were required to hire remote workers or re-verify existing employees remotely due to COVID-19 restrictions? It was impractical, if not impossible, due to shelter in place or similar mandates, to require employers to visit new hires' homes to conduct physical inspections, or ask them to visit an otherwise closed office building to complete a Form I-9 and do verification.