January 25, 2021

Volume XI, Number 25

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January 22, 2021

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DHS Extends Form I-9 Flexibility

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the temporary policy that relaxes Form I-9, Employment Eligibility Verification compliance requirements. The policy has been extended until Dec. 31, 2020, based on the ongoing COVID-19 emergency and related precautions. The policy permits employers that are operating remotely to continue reviewing identity and employment authorization documents by video, fax, or email, and defer physical inspection of the documents until after normal operations are resumed. The policy does not adjust the I-9 completion timelines—Section 1 of the I-9 must be completed by the employee’s start date, and Section 2 must be completed within three business days of the start date. Further, the policy does not alter verification requirements for employers who have employees who are physically reporting to a work location; these employers must complete standard in-person verification of identity and employment eligibility documentation.

This post was written by Lizbeth M. Chow.

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©2020 Greenberg Traurig, LLP. All rights reserved. National Law Review, Volume X, Number 329
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