DHS Extends Form I-9 Requirement Flexibility
April 8, 2021
Employers and workplaces that are operating remotely may follow the DHS news release that announced flexibility in requirements related to Form I-9. See the original news release for more 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.
In May, 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 COVID-19.
This temporary guidance was set to expire June 18. Because of ongoing precautions related to COVID-19, DHS has extended this policy for an additional 30 days
This provision only applies to employers and workplaces that are operating remotely.
See the Form I-9 Examples Related to Temporary COVID-19 Policies page for examples showing how DHS recommends you notate Form I-9 when remotely inspecting employment authorization and identity documents, and how to perform the required physical inspection once normal operations resume.
Employers must monitor the DHS and ICE websites for additional updates about when the extensions end and normal operations resume.
E-Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire.