Current flexibilities for Form I-9 have been extended, per U.S. Immigration and Customs Enforcement (ICE). The flexibility was originally announced in 2020 due to ongoing precautions around Covid-19. The Department of Homeland Security (DHS) announced the flexibility is now valid through April 30, 2022.

The extension continues for employees hired on or after April 1, 2021, and who work exclusively remotely due to the pandemic. These individuals are temporarily exempt from the Employment Eligibility Verification (Form I-9) physical inspection requirements until non-remote work begins. The flexibility is discontinued upon employment location changing to a regular, predictable, non-remote work location or termination, whichever is earlier. If employees are physically present at a work location of their employer, there are no exceptions, and Form I-9 needs to be in compliance.

Originally, I-9 flexibility was enacted on March 20, 2020, in response to protections put in place due to Covid for remote employees only. Again, on March 31, 2021, and effective April 1, 2021, DHS continued Form I-9 flexibility for qualifying employers and employees. This latest extension follows the same requirements of eligibility for the flexibility, now effective through April 30, 2022.

ILBSG continues to monitor ongoing policy updates, keeping our clients informed and in compliance. If you have questions about Form I-9 for your company and employees or any other immigration-related issue, contact us at ILBSG. We put our expertise to work for you to ensure you get the right advice.

Form I-9 ICE US Immigration and Customs Enforcement