DHS, ICE Extend Verification Requirements for Remote Workers

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension until July 31, 2023, of flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification when a workforce is working exclusively in a remote setting due to COVID-19-related precautions.

First announced in March 2020 due to COVID-19 and updated in March 2021, this temporary guidance was set to expire Oct. 31, 2022. The guidance temporarily exempts employees exclusively working in a remote setting from physical inspection requirements related to identity and employment eligibility verification until they undertake non-remote employment on a “regular, consistent, or predictable basis” or until the extension of I-9 flexibilities ends, whichever is earlier.

See the original ICE news release from March 20, 2020, for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9. Please also consult ICE’s guidance for clarification on this provision.

Employers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020.