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July 2020: ICE Extends Form I-9 Compliance Flexibility

22 Jul

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What happened?
U.S. Immigration and Customs Enforcement (ICE) has extended Form I-9 compliance flexibility, most notable for its allowance of remote verification for Section 2 of Form I-9.

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What are the details?
ICE has extended Form I-9 compliance flexibility for another 30 days. This will allow employers to continue conducting online verification of documents to complete Section 2 of Form I-9. This extension will expire on August 19, 2020.

Additionally, ICE has decided to no longer postpone notices of inspection that have been issued to employers. These had previously been postponed starting in March 2020, but ICE will begin inspections starting July 19, 2020.

The announcement of the extension can be found here.

The full text of Form I-9 compliance flexibility can be found in the original announcement available here.

What do employers need to do?
Employers who have been conducting online verification for Section 2 of Form I-9s may continue to do so until further notice. Employers who received a notice of inspection in March 2020 should expect ICE to conduct inspections in the coming weeks.

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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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