I-9 flexible measures extended until March 31

Immigration and Customs Enforcement (ICE) announced today it has extended Form I-9 flexible procedures for employers operating remotely due to COVID-19 for an additional 60 days.

Key Points:

• The temporary measures, which were set to expire Jan. 31, have now been extended until March 31, 2021.
• The guidance allows employers who are operating remotely because of COVID-19 to conduct verification of employee documents virtually, e.g., using fax, email or video link, for the purpose of Form I-9 employment eligibility verification procedures.
• Employers that follow the virtual procedures must comply with guidelines when “normal operations resume,” including conducting physical inspection of documents that were viewed remotely within three business days.
• Employers should consult the original March 2020 ICE guidance for eligibility requirements and how to obtain, remotely inspect and retain copies of identity and employment eligibility documents.
• Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated, and normal operations will resume.

Background: The temporary measures were introduced on March 20, 2020, and have repeatedly been extended since.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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