ICE Extends I-9 Compliance Flexibility Due to COVID-19

by Caroline Lee

ICE Extends I-9 Compliance Flexibility Due to COVID-19

by Caroline Lee

by Caroline Lee

U.S. Immigration and Customs Enforcement (ICE) will extend the flexibilities pertaining to Employment Eligibility Verification (Form I-9) compliance that were announced in 2020, due to the COVID-19 pandemic. This extension includes guidance for employees hired on or after April 1, 2021 and who are working exclusively in a remote setting as a result of COVID-19 policies and precautions. Such employees are temporarily exempt from the physical inspection requirements associated with Form I-9 until the earlier of the following: the employees undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated. The I-9 compliance flexibility policy is being extended until May 31, 2021.

DHS had previously announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with Form I-9 under section 274A of the Immigration and Nationality Act, as a result of precautions implemented by employers and employees associated with COVID-19. This policy, however, only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, there are no exceptions at this time for in-person verification of identity and employment eligibility documentation for Form I-9.

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