ICE extends deadline for I-9 flexibilities allowing remote onboarding of employees

The COVID-19 global pandemic created extraordinary challenges for employers managing their workforce.
To help ease these burdens of imposed by the pandemic, U.S. Immigration and Customs Enforcement (ICE) initially implemented temporary flexibilities in March 2020 related to how an employer may onboard its new employees and comply with Form I-9 in-person physical inspection requirements.

The temporary flexibilities related to the Form I-9 in-person physical inspection requirements, which were set to expire on August 31, 2021, have just been extended to December 31, 2021. The guidance expressly extends the flexibilities for employees hired after April 1, 2021 for those employees working exclusively in a remote setting due to COVID-19 related precautions.

In this video alert, McAfee & Taft immigration lawyer Kate Dodoo discusses what this extension means for employers in the short-term, how employers must satisfy Form I-9 requirements for ID and employment verification during the remote onboarding process and what liabilities employers face for any irregularities related to the I-9 verification process.

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NOTE: This alert is not eligible for continuing education credit (e.g. HRCI, SHRM or CLE).   

This informational is presented without bias, it does not constitute legal advice, and it does not create an attorney-client relationship. Viewers should not act upon this information without seeking professional counsel.