U.S. Immigration and Customs Enforcement (ICE) has extended its policy allowing greater flexibility regarding Form I-9 verification for certain employees working remotely due to COVID-19. First announced last year, ICE has extended Form I-9 verification flexibility policy through August 31, 2021.

Employees hired on or after June 1, 2021, who work exclusively in a remote setting because of COVID-19 protections, are temporarily exempt from the physical inspection requirements typically mandated by the Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration Nationality Act. Accordingly, employers are not immediately required to inspect an employee’s identity and employment authorization documents in-person. Employers are required to review the Form I-9 Section 2 documents remotely, for example via video conference, fax, or e-mail, and must obtain, inspect, and retain copies of an employee’s Section 2 documents, within three days of completing the Form I-9. ICE requires employers exercising this remote inspection option to provide written documentation for each employee relating to their remote onboarding and telework policy.

Employers exercising this remote verification option for eligible employees will be required to inspect the employee’s documents in-person within three days of when the employee assumes non-remote work on a regular, consistent, or predictable basis; or within three days after the COVID-19 emergency has concluded or ICE has ended the inspection accommodation.

The immigration attorneys at Ryan Swanson will continue to monitor guidance regarding employers’ I-9 compliance obligations. Please contact our Immigration Group if you have questions regarding compliance with I-9 compliance rules and requirements.

Cody Nunn can be reached at [email protected].
Amy Royalty can be reached at [email protected].
Jen Chen can be reached at [email protected].
Marsha Mavunkel can be reached at [email protected].
Lindsay Cason can be reached at [email protected].
Janet Cheetham can be reached at [email protected].
Joel Paget can be reached at [email protected].

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