DHS has extended the Form I-9 Flexibilities

Due to COVID-19, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have extended the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, until October 21, 2022.

The flexibility allows employers whose workforce is working remotely to defer the physical presence requirements associated with Form I-9 Employment Eligibility Verification.  The policy applies to all employers who hire employees on or after April 1, 2021 to exclusively work remotely due to the employer’s COVID-19 policy. In these cases, the in-person inspection requirement relating to Form I-9 documentation applies only to employees who physically report to work at a company location on any regular, consistent, or predictable basis.

For more information and guidance on how to obtain, remotely inspect, retain copies of identity and employment eligibility documents, see ICE news release 032020

Employers must monitor DHS’ and ICE’s Workforce Enforcement announcements about when the extensions end and normal operations resume.  E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire.