ICE Extends I-9 Compliance Flexibility

On May 26, 2021, US Immigration and Customs Enforcement (“ICE”) announced that due to continued precautions related to the pandemic, the US Department of Homeland Security (“DHS”) would extend the policy of flexibility related to Form I-9 compliance that began in March 2020. The policy has been further extended from June 1, 2021, until August 31, 2021. 

This extension has guidance for employees hired on or after June 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. 

(Link to USCIS announcement: https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/temporary-policies-related-to-covid-19) 

(Link to ICE announcement: https://www.ice.gov/news/releases/ice-announces-extension-new-employee-guidance-i-9-compliance-flexibility-0)