Immigration and Customs Enforcement (ICE) announced today that it will extend certain flexible measures for Form I-9 compliance currently in place because of COVID-19.

Key points:

  • Temporary measures that allow certain employers to conduct I-9 verification procedures remotely were set to expire May 19. ICE is extending the measures for an additional 30 days.
  • Employers who were served notices of inspection (NOIs) by ICE during March 2020 who had not already responded were granted an automatic extension of 60 days from the effective date. ICE is granting these employers an additional extension of 30 days.
  • The Department of Homeland Security (DHS) will continue to monitor the national emergency and provide updated guidance as needed. Employers are required to monitor the ICE and DHS websites for additional updates regarding when the temporary measures will be terminated and normal operations will resume.

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

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