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Form I-9 Requirements Flexibility Extended for 30 Days

On Friday May 15, 2020, U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) announced they would extend flexibility related to in-person Form I-9 compliance that was granted earlier this year. As discussed in a previous post, on March 19, 2020, DHS and ICE announced they would allow employers whose workforce was working remotely to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act. This was due to state mandated stay-at-home and shelter-in-place orders associated with COVID-19 that resulted in the majority of employers shifting to remote work environments. DHS and ICE has now extended this policy, which was set to expire May 19, 2020, for an additional 30 days. The policy includes the following:

Employers that have gathering bans or restrictions due to COVID-19 are not required to perform an in-person review of the employee’s identity and employment authorization documents, but are permitted to inspect the employee’s “Section 2” I-9 documents remotely, using “video link, fax or email, etc.” as long as they provide written documentation of their remote onboarding and remote work policy on each employee’s Form I-9 and review in person within 3 days of returning to work.

ICE also granted an additional 30-day extension to respond to employers who had received Notices of Inspection (NIOs) during March 2020. These employers had already received an extension of 60 days from the original order.

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Lindsey Steinberg