DHS Extends Flexibility in I-9 Compliance Rules

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

On May 14, 2020, the U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency announced an extension of its prior guidance relaxing the in-person verification requirements of Form I-9 for employers operating remotely due to the COVID-19 pandemic. The initial guidance became effective on March 20, 2020, and was scheduled to expire after 60 days on May 19, 2020. ICE has now indicated that due to continued precautions related to COVID-19, this policy will be extended for an additional 30 days.

In addition, ICE announced that employers that had been served notices of inspection (NOIs) during March 2020 and been previously granted automatic 60-day extensions until May 19, 2020, to respond to such NOIs, would be granted an additional 30 days to respond to the NOIs, if they had not done so already.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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