Rule Adjustments for Form I-9

With many businesses still operating remotely, The U.S. Immigration and Customs Enforcement (ICE) announced another extension of the flexibility in some Form I-9 rules that was originally granted on March 16 and was extended again on May 19, 2020.

The current extension of 30 days is available to employers who are operating 100% remotely, and it will expire on July 19.

Inspecting physical documents when employees are working remotely

On March 20, 2020, DHS announced that employers with employees taking proximity precautions would not need to review the employees’ ID and employment authorization documents with the employee present. Employers must inspect the documents remotely and obtain, inspect, and retain copies of the documents within three business days in order to complete Section 2. (See the March 30, 2020 news release for the original guidance and eligibility requirements.)

March 2020 notices of inspection

Those employers who received notices of inspection (NOIs) from ICE in March 2020 had who haven’t yet responded were automatically given a 60 day extension from the effective date. ICE will also give an additional 30-say extension to those employers. According to the June 16, 2020 news release, this will be the final extension related to the March 2020 ICE NOIs.

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 March 19, 2020 news release and the most recent, June 16, 2020 news release as well as the above mentioned websites.

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