July 2020: ICE Extends Form I-9 Compliance Flexibility

22 Jul


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.

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.