ICE Extends I-9 Flexibility for Remote Workers

Roy Maurer By Roy Maurer April 26, 2022
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​U.S. Immigration and Customs Enforcement (ICE) has extended its temporary policy allowing employers to inspect Form I-9 documents virtually through Oct. 31.

The policy was first issued in March 2020 for workplaces operating remotely due to the COVID-19 pandemic and has been extended 13 times. The guidance was scheduled to expire April 30.

We've rounded up articles from SHRM Online and other sources to provide more context on the news.

Review Flexibility Extended

Employees who work exclusively in a remote setting due to COVID-19-related precautions are temporarily exempt from the physical inspection requirements associated with the Form I-9 until they start onsite employment on a regular basis.

(U.S. Immigration and Customs Enforcement)

Permanent Remote I-9 Review

ICE is planning a proposed regulation to be published this summer setting forth rules for permanent remote document inspection. The Society for Human Resource Management has been advocating for a permanent policy permitting virtual I-9 inspection.

(SHRM Online)

Current Form Set to Expire

In addition to possibly being virtually accessible in the future, the Form I-9 is getting a makeover. The ubiquitous HR onboarding document used to record employment eligibility verification is slated to undergo a significant structural overhaul by the time the current form expires on Oct. 31.

(SHRM Online)

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