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Temporary Flexibility for I-9 Compliance Extended Through December 31, 2020

Once again, just as it was about to expire, ICE has announced a further extension of flexibility in its rules related to Form I-9 compliance. This time, the extension will continue through December 31, 2020.

Employers will be able to continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email).

ICE has reiterated that the policy applies only to employers with workplaces that are operating remotely and that if employees are physically present at the workplace, no exceptions will be implemented. Whether ICE will be reasonable and assess circumstances on a case-by-case basis is yet to be seen.

Remember that any employees who were onboarded virtually must report for in-person verification once the employer’s normal operations resume (which may be earlier than December 31, 2020) or once the employee is physically present at the work location, whichever is earlier.

If the company does not seem to be eligible for the flexibility, an employer may continue to designate authorized representatives to act on their behalf to conduct in-person review of documents.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 324
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Amy L. Peck, Immigration Attorney, Jackson Lewis, Worksite Compliance Lawyer
Principal

Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

Ms. Peck is a member of the AILA National...

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Michael H. Neifach Jackson Lewis Employment visa Lawyer border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

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