Flexible I-9 measures set to expire July 19

Flexible Form I-9 temporary measures for employers who are operating remotely are set to expire this Sunday, July 19, unless extended.

Key points:

• The temporary measures, in effect since March 20, allow employers who are operating 100% remotely because of COVID-19 to conduct remote verification of employee documents, e.g., using fax, email or video link, for purposes of Form I-9 employment eligibility verification procedures.
• Employers that followed the remote verification procedures must comply with strict protocols when “normal operations resume,” including physical inspection of documents that were remotely viewed, within three business days.
• The government has not yet indicated whether these measures will be extended again.
• Employers should review the original ICE guidance on the temporary measures in case the measures are not extended.

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

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