ICE Extends Remote Form I-9 Verification Policy through May 31, 2021

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By: Gladys Gervacio and Carmen Lopez

United States Immigration and Customs Enforcement (ICE) is extending its remote Form I-9 verification policy through May 31, 2021 to help employers cope with the COVID-19 pandemic. This policy is only available for employers that are working remotely due to the coronavirus.

Eligible employers may review new employees’ employment eligibility documents remotely through May 31, 2021, or within three business days after the national emergency’s end, whichever comes first.

ICE has renewed its remote I-9 verification policy multiple times, and it could be further extended. The policy was most recently set to expire on March 31, 2021.

what to do when the policy ends

Once the interim policy is over, employers will have three business days to review all documents for employees onboarded remotely in their physical presence. In the Form I-9’s Section 2 additional information field, employers can mark “COVID-19” as the reason for the physical inspection delay. Employers should note the date of inspection and the phrase “documents physically examined” when they complete the in-person review in the Section 2 additional information field.

conclusion

For help with US immigration compliance and case-specific questions, contact your trusted Chugh, LLP attorney.

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