Remote I-9 Verification Extended

The United States Immigration and Customs Enforcement (ICE) announced it is extending its remote I-9 verification rule through December 31, 2021.

This temporary guidance was set to expire August 31, 2021. Because of ongoing precautions related to COVID-19, DHS has extended the Form I-9 flexibility policy until December 31, 2021.

As a reminder:

• Remote employees must complete Section 1 of Form I-9 and choose identity and work-authorization documents from List A/B/C.
• Within three (3) business days of hire, employers must inspect the employee’s documents over video link, email, fax, etc., and complete Section 2 of Form I-9.
• Employers must retain copies of any documents inspected remotely. Employers should enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field.
• After normal operations resume and employees return to the office, or ICE ends this remote policy, employers will have three (3) business days to physically examine the same documents previously reviewed electronically/remotely.
• Once the documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the Section 2 Additional Information field on the Form I-9, or to Section 3, as appropriate.