Guidance on I-9 Flexibilities Extended until May 31, 2021

Today, March 31, U.S. Immigration and Customs Enforcement (ICE) announced that they have extended I-9 flexibilities until May 31, 2021. Under this policy, employers are temporarily exempt from conducting Section 2 document inspection in-person if the employer or workplace is operating fully remotely due to Covid-19. In such instance, employers may review the documents remotely using email, fax, etc.

Employers conducting Section 2 document inspection remotely are required to do so and retain copies within three business days from the date of hire. Additionally, employers must provide written documentation of their remote onboarding and telework policy for each employee. Note: This flexibility does NOT apply to employers or workplaces where employees are physically present.

When is in-person documentation inspection required?

In-person documentation inspection is required (1) within three business days from when the employee is non-remote on a regular or predictable basis OR (2) when the extension of flexibilities expires- whichever comes first.

How should employers complete I-9 once normal operations resume?

Once physical inspection takes place after normal operations resume, employers should note the delay of inspection in the Section 2 Additional Information section and write “Covid-19” as the reason. Employers should also write “documents physically examined” and include the date of inspection to the Section 2 Additional Information section or on Section 3 as appropriate.

For more information on the flexibilities, please click here.