Hire Image has previously reported that the U.S. Immigration and Customs Enforcement (ICE) was exercising discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) for employers and workplaces operating remotely only. As such, employers were not required to review the employee’s identity and employment authorization documents in the employee’s physical presence for 60 days. This rule has been extended continuously since its issuance in March 2020.
This flexibility has now been extended for a 13th time until October 31, 2022. Employers should continue to work in the same way – anyone verified virtually will be required to conduct an in-person update when that employee returns to the workplace.
Additionally, the Department of Homeland Security (DHS) published Federal Register Notice 87 FR 18377 inviting public comments on its proposed extension and substantial revisions to the current Form I-9, which is set to expire also on October 31, 2022.
Have any questions? Hire Image can help. Contact us if you have any concerns about verifying your candidate’s identity.