DHS and ICE Announce Additional Extension of COVID-19 Flexibility for Form I-9 Compliance

Effective May 1, 2022, the U.S. Department of Homeland Security (“DHS”) and U.S. Immigration and Customs Enforcement (“ICE”) announced an extension of the COVID-19 flexibility for in-person compliance with requirements for completing a Form I-9. Set to expire April 30, 2022, DHS extended the ability to inspect Form I-9 documentation “remotely” until October 31, 2022. Under the original ICE news release from March 20, 2020, the requirement that an employer obtain, inspect, and retain copies of the identity and employment eligibility documents provided by an employee to complete Section 2 of Form I-9 was suspended. Even with the extension, ICE continues to encourage employer to begin in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities, as operations for the employer return to in-person employment.