#i-9

Latest I-9 Virtual Flexibility Guidance

On Oct. 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension to compliance flexibilities governing Form I-9. The extension permits continued remote verification and additional Form I-9 flexibilities until July 31, 2023. ICE initially implemented the policy in March 2020, presumably responding to increased remote employment…

In light of all the shutdowns due to COVID-19, employers who are taking physical proximity precautions, now do not need to review the employee’s identity and employment authorization documents in the employee’s physical presence for the I-9 Form. This announcement was made by U.S. Immigration and Custom’s Enforcement (ICE) on March 20th, 2020.

Under this new system, employers are first to inspect the Section 2 documents remotely (using video, fax, or email), and “obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2”, according to ICE. Once normal operations resume, employers must inspect documents in person, and then note “COVID-19” as the reason for the delay under the “additional information” field, as well as the “documents physically examined” field, with the date of inspection to that field or Section 3 as appropriate. 

These provisions may be implemented by employers for a 60-day period, beginning from the date of the notice, or within 3 business days after the termination of the National Emergency (whichever comes first). Further, employers making use of this exception are required to provide written documentation of their remote onboarding and telework policy for each employee. It is important to note that this exception is only available to employers operating remotely.

 “If there are employees physically present at the work location, no exceptions are being implemented at this time. However, if newly hired employees or existing employees are subject to COVID-19 quarantine or lockdown protocols, DHS will evaluate this on a case-by-case basis”