U.S. Immigration and Customs Enforcement (ICE) announced updated flexibilities for
employment eligibility verification through the I-9 will be extended until July 31, 2023.
These provisions are set in place for remote workplaces and employers only. Any employees
working physically at the work location, would mean there are no exceptions to in-person
verification of identity and employment eligibility documentation for the I-9.
The extension in flexibility is based on an announcement first made in March 2020. It reads as
follows: If an employee is directly affected by the COVID-19 pandemic, the review of an
employee’s identity and employment authorization documents does not have to be done in the
employee’s physical presence. Employers must still inspect Section 2 of an I-9 document
remotely. An employer will also obtain, inspect, and retain copies of documents within three
business days to complete Section 2 of the I-9. Only after a physical inspection takes place once
normal operations resume, can an employer enter “COVID-19” as reason for a physical
inspection delay in the ‘Section 2 Additional Information’ field. An employee must also report
within three business days once normal operations resume to their employer for an in-person
verification of identity and employment eligibility.
The full announcement and updates to this extension can be read here:
If you are an employer working with remote employees and are running into this issue, you may find
this extension helpful during COVID times. And as always, my office is available to assist with
employment-based immigration and compliance issues. You can reach us at 630-262-1435 or