DHS Extends Flexibility in Requirements Related to Form I-9 Compliance
May 5, 2023
DHS posted the following announcement:
COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. U. S. Immigration and Customs Enforcement (ICE) recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023.
This new announcement gives employers additional time to complete in-person physical inspection of identity and employment authorization documents, and annotate the Form I-9 for this population. These flexibilities were initially announced in March 2020 and updated in March 2021. See I-9 Central Questions and Answers for more information.
DHS published a Notice of Proposed Rulemaking for alternative procedures allowing remote document examination for Form I-9 last year. DHS anticipates publishing a Final Rule in the Federal Register that will implement this proposal.
October 11, 2022
ICE posted the following announcement:
The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), today announced an extension of the Form I-9 flexibilities first announced in March 2020 and updated in March 2021. On February 18, 2022, President Biden issued a notice on the continuation of the state of the National Emergency concerning the COVID-19 pandemic (“COVID-19”). A further extension was granted on April 25, 2022.
Due to the continued safety precautions related to COVID-19, DHS will extend the updated flexibilities until July 31, 2023.
April 25, 2022
ICE announced an extension of flexibility in rules related to Form I-9 compliance during the COVID-19 pandemic until October 31, 2022. This will still apply to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.
December 15, 2021
ICE announced an extension of flexibility in rules related to Form I-9 compliance during the COVID-19 pandemic until April 30, 2022. This will still apply to employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.
August 31, 2021
DHS and ICE announced that they have extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until December 31, 2021. The current extension includes guidance for employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.
May 26, 2021
ICE announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until August 31, 2021. The extension includes guidance for employees hired on or after June 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.
March 31, 2021
ICE announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until May 31, 2021. The current extension includes guidance for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.
January 27, 2021
ICE announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until March 31, 2021.
December 23, 2020
ICE announced an extension of the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until January 31, 2021.
November 18, 2020
DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until December 31, 2020.
September 14, 2020
DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 60 days. The accommodations now expire on November 19, 2020.
August 18, 2020
DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days. The accommodations now expire on September 19, 2020. DHS will continue to monitor the situation and provide updated guidance as needed. Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated, and normal operations will resume.
July 20, 2020
DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days. The accommodations now expire on August 19, 2020. DHS also announced that no further extensions will be granted for employers to respond to NOIs served in March 2020.
June 16, 2020
DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days. These include prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act, and an additional 30-day extension for NOIs served in March 2020. The expiration date for these accommodations is now July 19, 2020. Per DHS, “this will be the final extension relative to NOIs served by ICE during the month of March 2020.”
May 14, 2020
DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days. These include prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act, and an additional 30-day extension for NOIs served in March 2020.
March 20, 2020
DHS announced flexibility in requirements for I-9 compliance during the COVID-19 global pandemic. The announced flexibility includes an exercise of discretion concerning the physical presence requirements for Form I-9, as well as an extension for NOIs served in March 2020.
Related Resources
- Form I-9 Announcement: Guidance on Form I-9 Temporary Flexibilities: Updated Information – May 19, 2021
- Practice Pointer: Remote I-9 Documentation Review: Don't Let Your Clients Become Complacent - Verify Now!
- Practice Pointer: Employment Verification During COVID-19 Outbreak
- AILA Sends Letter to DHS Requesting Guidance Concerning Form I-9 Compliance and COVID-19
- Resource Center: 2019 Novel Coronavirus (COVID-19)