DHS Extends Physical Presence Requirements

On March 19, 2020, the Department of Homeland Security (DHS) announced that it would allow for flexibility and defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9). This provision, as explained in this article, was set to expire May 19. Due to the continued precautions related to COVID-19, DHS has extended this policy for an additional 30 days.

Employers who were served notices of inspection (NOIs) by ICE during the month of March 2020 and had not already responded were granted an automatic extension for 60 days from the effective date. ICE will grant an additional extension of 30 days to these employers. Please call Employers Council for guidance.