U.S. Immigration and Customs Enforcement has extended certain flexible Form I-9 procedures for employers operating remotely because of the COVID-19 national emergency.

Key Points:

  • The temporary measures have been extended for an additional 60 days and are now set to expire Nov. 19.
  • The guidance allows employers who are operating 100% remotely 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 the documents that were viewed remotely within three business days.
  • Employers should refer to the original guidance, including eligibility requirements.
  • Under the original guidance, employers that were served notices of inspection (NOIs) in March but had not yet responded were granted an automatic extension of 60 days. After July 19, no additional extensions are being granted to employers served NOIs in March.

Background: ICE introduced the temporary measures on March 20 and has extended them a number of times since then.

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

Copyright © 2020 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.