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ICE Announces Another Extension for Temporary Flexibility for I-9 Compliance to August 31

U.S. Immigration and Customs Enforcement (ICE) has announced that I-9 flexibility will be continued. This temporary guidance was set to expire May 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 requirement flexibilities to August 31, 2021.

“The current extension includes guidance for employees hired on or after June 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.”

Next Steps for Employers

Employers should ensure they have maintained a list of all employees who were verified virtually, when they will be returning to work. Determine who will be conducting the in-person verifications and how and when they will be reaching out to the affected employees. Train staff on how to update Form I-9 after the in-person review.

For more information, employers may refer to the original March 2020 guidance.

HR Works will continue to monitor this topic and provide updates as new information becomes available.

HR Works, Inc., headquartered at 200 WillowBrook Office Park in Fairport (Rochester), New York, with an office in East Syracuse, is a human resource management outsourcing and consulting firm serving clients throughout the United States. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.