ICE Announces Extension to I-9 Compliance Flexibility

On December 23, 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until January 31, 2021.

On March 19, 2020, due to precautions implemented by employers and employees associated with COVID-19, DHS announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (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 any employees physically present at a work location, employers (or their agent) must continue to physically verify employees’ identity and employment eligibility documents for Form I-9, Employment Eligibility Verification.

For more information, please see our previous news article.