ICE Announces Further Extension of Form I-9 Compliance Flexibilities to July 31, 2023
Tags : I-9/E-Verify Compliance
Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) has once again extended their flexibility policy regarding Form I-9 completion until July 31, 2023.
Since the onset of the COVID-19 pandemic, the DHS has allowed employers to conduct the visual inspection of an employee's identity and work authorization documents through remote means, i.e. over a weblink, via email, or via fax. The employer must still physically inspect the documents in-person either when the employee returns to the office or the termination of the temporary flexibilities. This temporary guidance was set to expire on October 31, 2022, but has been extended once more in an abundance of caution as the COVID-19 pandemic persists. It will remain in effect until this interim exception expires or until three days after the COVID-19 emergency is over, whichever comes first.
This flexibility applies to "employers and workplaces that are operating remotely" who were hired on or after April 1, 2021. According to our conversations with representatives at the USCIS, the language is not intended to exclude all employers with an in-office presence - there are exceptions based on the employers' policies. Essentially the exception is adoptable by an employer if they can reasonably justify why employees in their office are unable to complete the document inspection portion of Form I-9.
The USCIS's recommendation is to document the company's remote onboarding and telework policy, including the in-office availability of Form I-9 authorized representatives, when utilizing the temporary flexibility related to Form I-9 compliance.
If you have any additional questions, please contact your sales executive, account manager, or our customer service team.
SOURCE: U.S. Immigration and Customs Enforcement
Posted: October 12, 2022
All Rights Reserved © 2022 Truescreen, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.
What Our Clients Are Saying
The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!
I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.
Our team loves working with Truescreen and the expedient, thorough service and results we get from you.
I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.