Flexibility Extended for Compliance with Form I-9 Physical Presence Requirement Due to COVID-19

November 24, 2020

On November 18th, 2020, the U.S. Immigration and Customs Enforcement (ICE) announced another extension of flexibility in the rules related to Form I-9 compliance that was granted earlier this year. Due to the continued COVID-19-related precautions, the Department of Homeland Security has extended this policy until December 31, 2020.

The DHS announced on March 19,2020, that it would defer the physical presence requirements associated with the Form I-9 Employment Eligibility Verification due to precautions implemented by employers and employees associated with the COVID-19 pandemic. The updated policy only applies to employers and workplaces that are operating remotely. If any employee is physically present at a work location, no exceptions are being made at this time for in-person verification of identity and employment eligibility documentation for Form I-9.

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