US Immigration and Customs Enforcement (ICE) has extended a policy permitting acceptance of remote employment eligibility verification in limited circumstances through December 31, 2021.
On August 31, the day the current extension was set to expire, ICE announced that it extended the flexibilities relating to Form I-9 compliance for an additional four months, through December 31, 2021, due to ongoing COVID-19 precautions. This extension will continue to apply the guidance previously issued for employees hired on or after April 1, 2021 who work exclusively in a remote setting due to COVID-19-related precautions. These employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.
ICE has repeatedly provided these extensions since March 2020 when the World Health Organization declared COVID-19 a global pandemic. ICE and the US Department of Homeland Security will continue to monitor the ongoing pandemic and provide updated guidance on any further extensions or terminations thereof.
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If you have any questions or would like more information on the issues discussed in this alert, please contact any of the following Morgan Lewis lawyers:
Laura C. Garvin
Shannon A. Donnelly
Eric S. Bord
For additional government-related guidance, learn more about our Washington strategic government relations and counseling practice.