INDUSTRY NEWS
ICE Announces an Extension of I-9 Compliance Flexibilities to December 31, 2020
Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) has once again extended their flexibility policy regarding Form I-9 identity verification.
Beginning March 19, 2020, the Department of Homeland Security (DHS) allowed discretion for employers and employees to defer physical presence requirements associated with the Form I-9. This flexibility has been extended once more in an abundance of caution as the COVID-19 pandemic persists.
This flexibility applies to "employers and workplaces that are operating remotely"; however, according to our conversations with representatives at the USCIS, the language is not intended to exclude all employers with an in-office presence - there are exceptions based on the employers' policies. Essentially the exception is adoptable by an employer if they can reasonably justify why employees in their office are unable to complete the document inspection portion of Form I-9.
The USCIS's recommendation is to document the company's remote onboarding and telework policy, including the in-office availability of Form I-9 authorized representatives, when utilizing the temporary flexibility related to Form I-9 compliance.
For more details regarding the permissible Form I-9 work-around process, please see our original article.
If you have any additional questions, please contact your sales executive, account manager, or our customer service team.
SOURCE: U.S. Immigration and Customs Enforcement
Posted: November 23, 2020
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