Client Alert: DHS Extends Form I-9 Requirement Flexibility

Dear Clients,

Previously in May 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to the novel COVID-19.

This temporary flexibility was supposed to expire on June 18, 2020, however, due to ongoing precautions related to COVID-19, the DHS has opted to extend this policy for an additional 30 days.

This provision only applies to employers and workplaces that are operating remotely. Please see our previous client alert for additional information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

Employers must monitor the DHS and ICE websites for additional updates about when the extensions end and normal operations resume.

If you are an E-Verify participant who meets this criteria and have chosen the remote inspection option, it is recommended to continue to follow current guidance and continue to create cases for new hires within three business days from the date of hire.