DHS Extends Form I-9 Requirement Flexibility Until October 31, 2022

On April 25, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) extended until October 31, 2022 the flexibility in complying with Form I-9 requirements that they first announced on March 20, 2020 and updated on April 1, 2021. At this time and until October 31, 2022, employees hired on or after April 1, 2021 who work exclusively in a remote setting due to COVID-19-related precautions are temporarily exempt from the Form I-9 physical inspection requirements – until they undertake non-remote employment “on a regular, consistent, or predictable basis”. Moreover, employers who are unable to timely inspect and verify in person the Form I-9 supporting documents of employees hired since March 20, 2020 may memorialize reasons for the inability in a memorandum to be retained with each affected employee’s Form I-9, for DHS ICE to evaluate on a case-by-case basis in the event of a Form I-9 audit. Employers are required to monitor the DHS and ICE websites for additional updates as they come. For the latest, please be sure to reach out to us.