On Thursday, May 14, 2020, U.S. Immigration and Customs Enforcement (ICE) announced a 30-day extension to its previously announced temporary flexibility provisions relating to I-9 Employment Eligibility Verification compliance during the COVID-19 national emergency. Extension of the flexibility provisions is the result of “continued precautions related to COVID-19”. The COVID-19 I-9 flexibility provisions were originally valid for only 60 days and were set to expire on May 19, 2020.

For eligible employers, the temporary flexibility measures defer the statutory physical presence requirements for the in-person review of an employee’s identity and work authorization documentation in the employee’s presence.

In addition, the notice granted an additional 30-day extension, to the prior 60-day extension, to employers who received notices of inspection (NOIs) in March 2020 and had not already responded.

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