The U.S. Immigration and Customs Enforcement (ICE) announced an extended flexibility period for Form I-9 due to ongoing COVID-19 issues. The original flexibility was announced in March 2020.

Employees hired on or after June 1, 2021, who work exclusively remotely due to COVID-19 precautions qualify for the extended flexibility. These employees are exempt from physical inspection requirements as they relate to Employment Eligibility Verification (Form I-9). As work moves to non-remote employment on a more regular basis, the flexibility will be terminated. The date of termination depends on the timing of the change in the work environment.

The flexibility is extended through August 31, 2021, per the Department of Homeland Security (DHS).

If employees are physically present for their assigned work, no exceptions are allowed for in-person verification.

The DHS continues to monitor the impact of COVID on working environments and will make additional announcements as required. Employers are required to continue to monitor DHS and ICE updates.

If you have questions about remote work, verification requirements, or any immigration-related topics, contact us at ILBSG. We work with you to ensure you get the right advice.

Form I-9 Form I-9 Flexibility immigration