DHS Extends Flexibility in Requirements Related to Form I-9 Compliance

August 31, 2021

DHS and ICE announced that they have extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until December 31, 2021. The current extension includes guidance for employees hired on or after April 1, 2021, who work exclusively in a remote setting due to COVID-19-related precautions.

• ICE Press Release: ICE announces extension to new employee guidance to I-9 compliance flexibility

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May 26, 2021

ICE announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until August 31, 2021. The extension includes guidance for employees hired on or after June 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.

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March 31, 2021

ICE announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until May 31, 2021. The current extension includes guidance for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions.

• March 31, 2021, Guidance Update

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January 27, 2021

ICE announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until March 31, 2021.

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December 23, 2020

ICE announced an extension of the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until January 31, 2021.

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November 18, 2020

DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic until December 31, 2020.

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September 14, 2020

DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 60 days. The accommodations now expire on November 19, 2020.

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August 18, 2020

DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days. The accommodations now expire on September 19, 2020. DHS will continue to monitor the situation and provide updated guidance as needed. Employers are required to monitor the DHS and ICE websites for additional updates regarding when the extensions will be terminated, and normal operations will resume.

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July 20, 2020

DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days. The accommodations now expire on August 19, 2020. DHS also announced that no further extensions will be granted for employers to respond to NOIs served in March 2020.

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June 16, 2020

DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days. These include prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act, and an additional 30-day extension for NOIs served in March 2020. The expiration date for these accommodations is now July 19, 2020. Per DHS, “this will be the final extension relative to NOIs served by ICE during the month of March 2020.”

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May 14, 2020

DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days. These include prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act, and an additional 30-day extension for NOIs served in March 2020.

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March 20, 2020

DHS announced flexibility in requirements for I-9 compliance during the COVID-19 global pandemic. The announced flexibility includes an exercise of discretion concerning the physical presence requirements for Form I-9, as well as an extension for NOIs served in March 2020.

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Cite as AILA Doc. No. 20032033.

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