The Form I-9 requirement flexibility first introduced in March 2020 has been extended to April 30, 2022. ICE announced this extension on December 15; it was previously scheduled to end on December 31, 2021.
The extension applies to employees hired on or after April 1, 2021, and those who work exclusively in a remote setting due to COVID-19-related precautions. Those employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.
Erickson Insights
As the COVID-19 pandemic continues, employers should monitor the DHS and ICE’s Workforce Enforcement announcements about when the extensions end and normal operations resume. Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.