DHS Extends Temporary Flexibility For Form I-9, Employment Eligibility Verification, And Due Dates For Responding To Notices Of Inspection

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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.

On March 19 due to precautions implemented by employers and employees associated with COVID-19, the Department of Homeland Security (DHS) announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act.  This provision was implemented for 60 days and was set to expire on May 19.  On May 19, DHS extended this policy for an additional 30 days, until June 18.

Due to the continued precautions related to COVID-19, DHS has decided to again extend this policy for employers operating 100% remotely in light of COVID-19 for an additional 30 days.  The expiration date for these accommodations is now July 19.

Employers who were served notices of inspection (NOIs) by ICE during the month of March 2020 and had not already responded were granted an automatic extension for 60 days from the effective date.  ICE will grant an additional extension of 30 days to these employers.  This will be the final extension relative to NOIs served by ICE during the month of March 2020.  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.

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. 

DHS will continue to monitor the ongoing national emergency and provide updated guidance as needed.

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