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DHS Extends Form I-9 Requirement Flexibility to April 30, 2022
DHS Extends Form I-9 Requirement Flexibility to April 30, 2022
January 7, 2022
DHS Extends Form I-9 Requirement Flexibility to April 30, 2022
The Department of Homeland Security (DHS) and the United States Immigration and Customs Enforcement (ICE) extended the March 2020 flexibilities in Form I-9 (Employment Eligibility Verification) compliance due to ongoing COVID-19-related precautions. Absent these flexibilities, employers must complete an in-person, physical verification of an employee’s identity and employment eligibility. Prior to this extension, the guidance was set to expire on December 31, 2021. Form I-9 Flexibility is permitted in the following circumstances:
- The extension applies the previously issued guidance to employees hired on or after April 1, 2021 who work exclusively in a remote setting due to COVID-19-related precautions. As of April 1, 2021, these flexibilities also apply to employees working remotely, even if other employees are physically present at the workplace.
- Employers are able to verify such an employee’s identity and employment eligibility remotely, such as over video or email.
- These employees are temporarily exempt from Form I-9’s physical inspection requirements until they work non-remotely on a regular, consistent, or predictable basis, or until DHS terminates these flexibilities.
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