ARTICLE
1 February 2021

Temporary Flexibility For I-9 Compliance Extended Again

JL
Jackson Lewis P.C.

Contributor

Focused on employment and labor law since 1958, Jackson Lewis P.C.’s 1,000+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients’ goals to emphasize inclusivity and respect for the contribution of every employee.
Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021.
United States Immigration

Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021.

This means that:

  • Employers may continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email).
  • The flexibility applies only to employers with workplaces that are operating remotely. ICE reiterates that if employees are physically present at the workplace, no exceptions will be implemented.
  • Any employees onboarded virtually must report for in-person verification once the employer's normal operations resume (which may be before March 31, 2021) or once the employee is physically present at the work location, whichever is earlier.
  • Employers not eligible for the flexibility, if necessary, may designate authorized representatives to act on their behalf to conduct in-person review of documents.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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