Immigration and Customs Enforcement (ICE) announced the extension of I-9 compliance flexibilities until December 31, 2021.  The extension was originally granted last year. This extension applies to employees hired on or after April 1, 2021, who are working exclusively in a remote setting due to Covid-19 precautions. Such employees will continue to be temporarily exempt from the physical inspection requirement associated with I-9 verification until they begin working in person on a “regular, consistent, or predictable” basis. If the I-9 compliance flexibilities are terminated before that time, in-person inspection will be required at that time even if the employee continues working remotely.

Due to the Covid-19 pandemic, the Department of Homeland Security (DHS) announced in March 2020 that it would exercise discretion and defer the physical presence requirements associated with I-9 verification. This was to accommodate Covid-19 precautions implemented by employers and employees related to remote work. To that end, the policy applies only to employees and workplaces operating remotely.

Currently, for employees physically present at the employer’s work location, there are no exceptions to the in-person I-9 verification.

DHS will continue to monitor the ongoing pandemic and update its guidance accordingly. ILBSG will keep its clients updated on any new developments in this area.

If you have questions about I-9 verification, compliance issues, or how to conduct an I-9 audit to ensure your records are in order, please reach out to an ILBSG attorney today. We are here to help.

Form I-9 I-9 I-9 compliance extended immigration Remote work