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Immigration and Customs Enforcement (ICE) announced today that it is extending flexible measures regarding Form I-9 employment eligibility verification that were scheduled to expire June 19.
Background: ICE issued the original guidance March 20 for 60 days, and extended it for an additional 30 days before the current extension. The original guidance, including eligibility requirements, how to fill out Form I-9 if conducting remote verification of documents, and protocols once normal operations resume, may be viewed here.
BAL Analysis: Employers that are operating 100% remotely because of COVID-19 may continue to benefit from the temporary measures until July 19. As offices begin to reopen, employers who are using the temporary measures should make sure they remain eligible to do so. Employers who have conducted remote verification under the temporary policy should ensure that their Form I-9 procedures are compliant with all requirements in the guidance when normal operations resume, including following up with in-person verification of the documents within three business days.
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