DHS Again Extends Form I-9 Document Review Flexibility Until July 19, 2020

On June 16, 2020, the Department of Homeland Security (DHS) once again announced that it is extending its temporary rule not to require remote workplaces to review an employee’s identity and employment authorization documents in the employee’s presence.  The rule is now set to expire July 19, 2020, and applies to both Section 2 and Section 3 of the Form I-9.  Employers must still complete Section 2 within three business days of the employee’s date of hire.

This temporary rule only applies to workplaces that are operating remotely.  If there are employees physically present at a work location, an employer must still view an employee’s identity and work authorization documents in the employee’s presence.  DHS has stated that if the employee is subject to COVID-19 lockdown or quarantine protocols, DHS will evaluate on a case-by-case basis.

Please see our previous article regarding this temporary rule and how to complete and update a Form I-9 properly.

DHS also announced that it is issuing a final extension for employers to respond to a Notice of Inspection (NOI) served by ICE in March of 2020.  This extension will provide employers an additional thirty (30) days to respond.

If you have any questions regarding these temporary rules and extensions or have any questions relating to the Form I-9, please contact us.