ICE announces another extension to I-9 compliance flexibility until May 31, 2021

U.S. Immigration and Customs Enforcement (ICE) announced another extension of the flexibilities in rules related to Form I-9 compliance that was initially granted last year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until May 31, 2021.

  • The current extension includes guidance for employees hired on or after April 1, 2021 and work exclusively in a remote setting due to COVID-19-related precautions.
  • Those employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) 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.

On March 19, 2020, due to precautions implemented by employers and employees associated with COVID-19, DHS announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act. This policy only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.

Remote Hires = No Follow Up Requirements = I-9 Compliance Solved

Achieve Remote Compliance in one easy (in person) completion process with I-9 CONNECT

Eliminate the follow up requirements associated with the virtual “flexibility” option described above. I-9 CONNECT will help to ease one of the challenges you face during the onboarding of your remote hires, employment eligibility verification and compliance. With I-9 CONNECT, it’s easy to choose between utilizing a spouse, neighbor or friend, authorized company agent, or one of 14,000 notaries through our Notary Network Partner to complete Section 2 AND Section 3 reverifications.

To learn more about how Form I-9 Compliance LLC can help your business, please contact us directly at 866.359.4949 and schedule a call to speak to one of our I-9 experts.