ICE Again Extends I-9 Compliance Flexibility

The U.S. Immigration and Customs Enforcement (ICE) has announced a 60-day extension of the flexibilities toward Form I-9 compliance granted earlier this year due to the COVID-19 pandemic.

In March, the Department of Homeland Security (DHS) announced that it would defer the physical presence requirements associated with the Employment Eligibility Verification Form (Form I-9). This policy was implemented for 60 days but has been repeatedly extended. The expiration for these accommodations is now November 19, 2020.

ICE emphasizes, however, that the flexibility policy only applies to employers and workplaces that are operating remotely. “If there are employees physically present at a work location, no exceptions are being implemented for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.”

More information can be found in the Department’s March 2020 Guidance.

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