Immigration and Customs Enforcement (ICE) announced today that will extend certain flexible Form I-9 procedures for employers operating remotely because of the COVID-19 national emergency for an additional 30 days.

Key Points:

  • The temporary measures, which were set to expire Dec. 31, have now been extended until Jan. 31, 2021.
  • The guidance allows employers who are operating 100% 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 20 ICE news release for information on how to obtain, remotely inspect and retain copies of identity and employment eligibility documents to complete Section 2 of Form I-9.
  • Employers are required to monitor the DHS and ICE websites for updates about when the extensions will end and normal operations will resume.

Background: ICE introduced the temporary measures on March 20 for an initial 60-day period and has extended them in monthly increments since then.

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

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