Continued Form I-9 Compliance Flexibility

The way employers hire has adapted to a more remote workforce. Some government agencies have also introduced temporary policies to assist employers in both promoting remote readiness and meeting COVID-19 restrictions.

It’s been over a year since the Department of Homeland Security (DHS) introduced temporary flexible Form I-9 compliance. Temporary I-9 compliance flexibility has given employers more leeway for certain employees working in remote settings.

For more information on the I-9 flexibility, check out our blog post highlighting some of the accommodations, available here.

Since its initial announcement in March, 2020, the DHS has extended this temporary policy. And we’ve been updating you along the way. On May 26, 2021, DHS, through U.S. Immigration and Customs Enforcement (ICE), announced a new extension.  The policy now extends until August 31, 2021. The summer-long extension is the longest since the pandemic began.

According to ICE, “The current extension includes guidance for employees hired on or after June. 1, 2021, and who work exclusively in a remote setting due to COVID-19-related precautions.” These employees are exempt from the physical inspection requirements associated with Form I-9 until they transition to non-remote work, on a regular, consistent, or predictable basis, or the extension of these flexibilities is terminated, whichever is earlier.

Verified Credentials continues to monitor DHS announcements regarding temporary Form I-9 compliance flexibility. For the latest from the DHS on Form I-9 and E-Verify policies, please check out I-9 Central.  Be sure to talk with your legal counsel before taking advantage of the I-9 compliance flexibility rules to make sure you stay compliant.