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April 2022: U.S. Department of Homeland Security Extends the COVID-19 Requirement Flexibility

26 Apr

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Update Applicable to:
All employers.

What happened?
In our previous communication, we informed you about an extension to the Form I-9 compliance flexibility. This is an update on that law.

What are the details?
On April 25, 2022, The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) announced an extension of the Form I-9 flexibilities first announced in March 2020 and updated in March 2021

This temporary guidance was set to expire on April 30, 2022. Because of ongoing precautions related to COVID 19, the DHS has extended the Form I 9 flexibilities until October 31, 2022.

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.

What do employers need to do?
Employers should review the links provided above and should be aware of the extension to the I-9 flexibility rules to continue to process their Form I-9s with the guidance provided by ICE.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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