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I-9 Requirement Flexibility Extended Through October 31, 2022

    Client Alerts
  • May 13, 2022

On April 25, the Department of Homeland Security (DHS) announced an extension of a policy that provides flexibility on how employers complete Form I-9. The policy allows employers to skip the in-person inspection of Form I-9 identity and employment eligibility documents for employees hired on or after April 1, 2021. Instead of an in-person inspection, employers are permitted to inspect Section 2 documents remotely (email attachment, video conferencing, etc.) Additional details appear here.

The policy applies to employees that do not report to work at a company location on “any regular, consistent and predictable basis.” DHS also notes that once “normal operations resume,” all employees hired under the flexibility policy must report to their employers, within three business days, for in-person verification of identity and employment authorization eligibility.

The policy was initially announced on March 20, 2020, in response to public health concerns related to Covid-19. Due to continued safety precautions and the persistence of Covid-19, DHS extended the policy until October 31, 2022. It is unclear whether DHS will continue extending the flexibility policy beyond October 31.