Immigration and Customs Enforcement (ICE) recently announced it has extended I-9 flexibility through October 2022. If you have employees working remotely, they need not be present to submit their I-9 documentation and can do so electronically, such as by email or video.
The I-9 flexibilities were first announced in March 2020 as the COVID-19 pandemic prompted a widespread shift to remote work across the nation. On April 25, 2022, ICE announced the extension, citing “continued safety precautions related to COVID-19.”
As ICE explains:
“If employees hired on or after April 1, 2021, work exclusively in a remote setting due to COVID-19-related precautions, they are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) under Section 274A of the INA 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.”
The extension runs through October 31, 2022, but experts believe it may become permanent. Whatever the future ICE rules are regarding I-9 flexibility, Employers Council will keep members up to speed on the latest developments. Contact the Member Experience team with questions.
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