ICE Extends Form I-9 Compliance Requirements Due to COVID-19

By Alison Lungstrum Macneill

The Department of Homeland Security (DHS) and U.S. immigration and Customs Enforcement (ICE) have extended flexibility in complying with the Employment Eligibility Verification (Form I-9) requirements until April 30, 2022 due to the ongoing COVID-19 pandemic.[1] 

Since March 20, 2020, employees who work exclusively in a remote setting due to COVID-19 are temporarily exempt from the in-person, physical inspection requirements associated with Form I-9 Employment Eligibility Verification 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.[2]

As before, this flexibility does not apply to employees who are physically present at a work location.  However, these flexibilities do not preclude employers from commencing, in their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020.  Id.

Takeaway

The COVID-19 pandemic has impacted the workplace in a variety of ways, including the process for onboarding new employees.  Please contact Campbell Litigation for assistance with compliant Form I-9 policies and procedures.  

[1] See https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/dhs-extends-form-i-9-requirement-flexibility-effective-january-1-2022 

[2] See https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance