ICE Announces Further Extension of Form I-9 Compliance Flexibilities to October 31, 2022
Tags : I-9/E-Verify Compliance
Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) has once again extended their flexibility policy regarding Form I-9 completion until October 31, 2022.
Since the onset of the COVID-19 pandemic, the DHS has allowed employers to conduct the visual inspection of an employee's identity and work authorization documents through remote means, i.e. over a weblink, via email, or via fax. The employer must still physically inspect the documents in-person either when the employee returns to the office or the termination of the temporary flexibilities. This temporary guidance was set to expire on April 30, 2022, but has been extended once more in an abundance of caution as the COVID-19 pandemic persists. It will remain in effect until this interim exception expires or until three days after the COVID-19 emergency is over, whichever comes first.
This flexibility applies to "employers and workplaces that are operating remotely" who were hired on or after April 1, 2021. According to our conversations with representatives at the USCIS, the language is not intended to exclude all employers with an in-office presence - there are exceptions based on the employers' policies. Essentially the exception is adoptable by an employer if they can reasonably justify why employees in their office are unable to complete the document inspection portion of Form I-9.
The USCIS's recommendation is to document the company's remote onboarding and telework policy, including the in-office availability of Form I-9 authorized representatives, when utilizing the temporary flexibility related to Form I-9 compliance.
For more details regarding the permissible Form I-9 work-around process, please see our original article.
If you have any additional questions, please contact your sales executive, account manager, or our customer service team.
Posted: April 25, 2022
All Rights Reserved © 2022 Business Information Group, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
We cannot express enough how much we have enjoyed working with BIG! It has really benefitted our processing and ease of doing business!
I enjoy collaborating with BIG, and know that if I have to reach out with a question/concern, a positive attitude with a willingness to find resolve is on the other side of an email or a phone call.
You have been the most professional and most helpful business partner that I have ever been associated with — always there to assist us and with rapid turnaround times.
I am confident whenever we add a product with your company that I will have a good experience.
We have received superior service and we know this is what you and your team strive for. We are grateful for the dedication, level of professionalism and effort shown.