Written By ESR News Blog Editor Thomas Ahearn
The U.S. Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE) have announced an extension of the flexibilities in rules related to Form I-9 compliance due to the COVID-19 pandemic – which were set to expire on December 31, 2021 – to April 30, 2022, according to a news release from ICE.
The extension will continue to apply guidance previously issued for employees hired on or after April 1, 2021, that work in a remote setting due to COVID-19. They are temporarily exempt from physical inspection requirements associated with Employment Eligibility Verification (Form I-9) until they undertake non-remote employment.
On March 20, 2020, due to precautions implemented by employers and employees associated with COVID-19, the DHS announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Form I-9 under Section 274A of the Immigration and Nationality Act.
This policy only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.
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