On Tuesday, October 11, 2022, the U.S. Immigration and Customs Enforcement (ICE) announced that the U.S. Department of Homeland Security (DHS) is extending the flexibility in complying with requirements related to Form I‑9, Employment Eligibility Verification, due to COVID‑19. This temporary guidance was set to expire October 31, 2022. Because of ongoing precautions related to COVID‑19, DHS has extended the Form I-9 flexibilities until July 31, 2023.
DHS also reminded employers to begin, at their discretion, the 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 first announced in March 2020.
Employers must monitor DHS’ and ICE’s Workforce Enforcement announcements about when the extensions end and normal operations resume.
E‑Verify participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire.
The original DHS guidance on I-9 compliance flexibility requirements was announced back on March 20, 2020.
