ICE Announces Another Extension For Form I-9 Flexibility

The U.S. Immigration and Customs Enforcement (ICE) has announced another extension to the flexibilities toward Form I-9 compliance initially granted due to the COVID-19 pandemic. 

In March 2020, 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 December 31, 2021.

ICE states: “This extension will continue to apply the guidance previously issued for employees hired on or after April 1, 2021 and work exclusively in a remote setting due to COVID-19-related precautions. Those employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.”

It is important to remember that this flexibility applies only to employers and workplaces that are operating remotely. If employees are physically present at a work location, employers should complete their normal in-person Form I-9 processes.  

If you have questions about Form I-9 procedures, please contact a KZA attorney. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.