I-9 Compliance Flexibility Requirements Now Extended Through November 19, 2020

On September 14, 2020, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) will once again extend the I-9 compliance flexibility requirements — which was set to expire on Saturday, September 19, 2020 — for another 60 days this time. The new expiration date for these I-9 compliance accommodations is now November 19, 2020.

The original DHS guidance on I-9 compliance flexibility requirements was announced back on March 20, 2020.

In addition, the U.S. Citizenship and Immigration Services (USCIS) also reminds employers to review the Employee Information Attestation on Section 1 of Form I-9 for two common mistakes that employees make:

  • Falsely attesting to being a U.S. Citizen, and
  • Choosing “noncitizen national of the United States.”

If an employee selects the “noncitizen national of the United States” option, employers must ensure that the employee has reviewed its definition on page 3 of the Form I-9 Instructions under “Attesting to Your Citizenship or Immigration Status.”

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