Rule Adjustments for Form I-9

On August 18, ICE extended its permission allowing employers to remotely review identity and employment authorization documents presented for Form I-9. The first extension was granted for 60 days on March 20, due to COVID-19 and distancing precautions taken by employers.

ICE extended permissions for 30 days on May 19 June 19, and July 19. This current extension will expire on September 19, 2020.

Things to remember

Here are a few things to remember:

• The extended permissions are offered only to businesses that are operating 100% remotely. They must retain written records of their remote working and onboarding policies.
• Employers must inspect the physical documents within 3 days of returning to in-person work.
• A business may designate an authorized representative to review documents physically.
• Read the original guidance² for additional information that includes eligibility requirements.
• Employers who received notices of inspection (NOIs) during March 2020 will not receive additional extensions.

Check the sources

As always, the Department of Homeland Security will continually monitor the national emergency and will provide updated guidance as needed. Employers are required to stay current by monitoring both the DHS and ICE websites for additional information and to learn about termination of extensions and when normal operations will resume.

For more complete information, check the March² and August¹ news releases as well as the websites mentioned above.

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Sources

1.  News Release: ICE announces another extension to I-9 compliance flexibility
2. News Release: DHS announces flexibility in requirements related to Form I-9 compliance