I-9 Compliance Flexibility Requirements Extended Through May 31, 2021

On March 31, 2021, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) is extending once again the current I-9 compliance flexibility requirements in place, for another sixty (60) days due to the continued COVID-19 precautions. The new expiration date for these I-9 compliance accommodations is now set to 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. Those employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.

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

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