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.