DHS Extends Form I-9 Requirement Flexibility (Effective Feb. 01, 2021)

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of 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 January 31. Because of ongoing precautions related to COVID-19, DHS has extended the I-9 compliance flexibility policy an additional 60 days until March 31, 2021.

This provision only applies to employers and workplaces that are operating remotely. See the original DHS news release related to Form I-9 Flexibilities for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9.

Employers must monitor the DHS and ICE websites for additional updates 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. Please see the temporary policies related to COVID-19 webpage for more information.