I-9: DHS Extends Requirement Flexibility – With Limitations – But Response Time to (NOI) Not Extended

In March 2020 the Department of Homeland Security, Immigration and Customs Enforcement (ICE) announced that they would temporarily defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA) for employers who have transitioned to a telework-only arrangement for their workforce for a period of 60 days. DHS extended this flexibility policy in May 2020 for an additional 30 days, in June for an additional 30 days and has announced an additional 30-day extension on July 18, 2020. The expiration for the compliance flexibility is August 19, 2020.

ICE also announced in the same press release that after July 19 no additional extensions will be granted to employers who were served notices of inspection (NOIs) by ICE during the month of March 2020.