I-9 documentation requirements relaxed for Hurricane Katrina victims


Issue: Many victims of Hurricane Katrina have lost everything—including their personal papers so necessary for starting work on a new job. The Labor Department has made grant money available to aid those who have been evacuated or displaced as a result of Hurricane Katrina and there is a concerted effort to find jobs for these individuals. How should hiring companies handle their Form I-9 obligations when individuals do not have the documentation required to prove their eligibility to work in the United States?
Answer:     Employers should continue to complete the Employment Eligibility Verification (I-9) Form as much as possible. If individuals who were evacuated or displaced as a result of Hurricane Katrina are otherwise eligible for employment, but currently lack personal documents, employers should note that the documentation normally required is not available due to the events involving Hurricane Katrina.

The Department of Homeland Security recognizes that many individuals lack these documents as a result of being evacuated from their homes, loss or damage to personal items and records, and ongoing displacement in shelters and temporary housing. The Department also acknowledges that as a result of widespread damage and destruction to government facilities in the area affected by the hurricane many victims will be unable to apply and receive new documents in the timeframe required by the employment verification rules.

Therefore, the Department has announced that it will refrain from initiating employer sanction enforcement actions for 45 days from September 6, 2005, with regard to individuals who are currently unable to provide identity and eligibility documents as a result of the hurricane. The Department plans to review this policy and make further recommendations at the end of the 45 days.

Source: Department of Homeland Security Press Release, September 6, 2005.
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