DHS and ICE Extend Form I-9 Requirement Flexibility Policy : Immigration Law Blog

The Division of Homeland Safety (“DHS”) and the U.S. Immigration Customs and Enforcement (“ICE”) have introduced the extension of Kind I-9 employment eligibility verification coverage as a result of ongoing COVID-19 disaster. As a precautionary measure, the non permanent flexibility steerage set to run out on August 31 is prolonged efficient September 1, 2021.

ICE first issued this flexibility in March 2020, and it has been prolonged a number of occasions since then. 

I-9 Distant Operations Flexibility

The requirement that employers should examine staff’ I-9 identification and employment eligibility paperwork in particular person utilized solely to these staff who bodily report back to the work location on a constant, common, or predictable foundation.

Workers employed after April 1, 2021, and who work remotely resulting from COVID-19 have been quickly exempt from bodily inspection of the identification and employment eligibility paperwork. The exemption is legitimate solely till the worker resumes in-person work on the work location.

These flexibilities by no means preclude employers from conducting an in-person verification of identification paperwork for individuals who have been employed after March 20, 2020, and people who have offered their paperwork for distant inspection in accordance with the flexibilities introduced by DHS in March 2020.

Kind I-9 and Coverage Compliance

Employers should full a compulsory kind and preserve data, confirming the employment authorization of people employed. Moreover, employers are required to confirm the paperwork of latest staff inside three days of rent. DHS inspects employers randomly or based mostly on suggestions or complaints. DHS has the authority to examine data that employers preserve.

Employers are inspired to observe for bulletins from the DHS and ICE for extra updates on the I-9 requirement flexibility. Norris McLaughlin will proceed to observe this story and supply updates if there are additional developments.

To be taught extra about this weblog submit or when you’ve got every other immigration considerations, please be at liberty to contact me at rglahoud@norris-law.com or (484) 544-0022.