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ICE Announces Extension of Flexibility in Rules Related to Form I-9 Compliance

On March 20, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of flexibility in rules related to Form I-9  Employment Eligibility Verification compliance due to COVID-19. The original guidance was set to expire on May 19. Due to the continued precautions related to COVID-19, DHS has extended this policy for an additional 30 days.

For more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9, please see the original guidance. The original guidance including eligibility requirements can be found here.

This provision only applies to employers and workplaces that are operating remotely.

Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated and normal operations will resume.

If you are an E-Verify participant who meets the criteria and chooses the remote inspection option, you are still required to create cases for your new hires within 3 business days from the date of hire. See here for more information on the temporary policies related to COVID-19 for E-Verify changes.

Please contact if you have any questions about Form I-9 requirements.

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