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U.S. Department of Homeland Security Announces Extension of I-9 Form Flexibilities until July 31, 2023

October 21, 2022

Due to continued health and safety precautions related to Covid-19, on October 11, 2022, the U.S. Department of Homeland Security (DHS), through the U.S. Immigration and Customs Enforcement (ICE), announced its extension of Form I-9 related flexibilities until July 31, 2023. 

Per our previous alert , the I-9 Form related flexibilities allow employers operating fully remote due to Covid-19 precautions to inspect new hire’s identity and employment eligibility documentation remotely (video, fax, email, etc).  This flexibility applies to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.  The exemption applies until these employees undertake non-remote employment on a regular, consistent, or predictable basis, or until the extension of these flexibilities is terminated by DHS.  The exemption does not apply to newly hired employees who are working non-remotely on a regular, consistent and predictable basis.

Employers should continue to use current Form I-9, beyond its expiration date of October 31, 2022, and until DHS publishes a new version of Form I-9.

Despite these flexibilities, employers may commence, in their discretion, the in-person verification of identity and employment eligibility documentation for employees hired on or after March 2020.Please note that DHS will continue to monitor developments related to the Covid-19 pandemic and to adjust these flexibilities accordingly. 

For additional information, please visit the following resources:

We will continue to monitor developments related to the I-9 Form and other immigration-related programs and timely inform our clients. If you have questions about I-9 compliance, you may contact a member of our Immigration Practice.  

 

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