DHS Extends I-9 Flexibilities to October

With continued precautions due to the COVID-19 pandemic and President Biden's extension of the state of National Emergency in February, certain flexibilities for I-9 compliance have been extended again to October 31, 2022.

Employers may be unable to inspect documents confirming residential status in a timely manner in order to comply with the stringent rules of the DHS. Thanks to the COVID-19 pandemic and uptick in remote work, employers may submit I-9s without having inspected these documents in person.

If an employer does accept and submit an I-9 to ICE without first inspecting the appropriate documents, this must be noted on the form and revisited when flexibilities are dropped. These flexibilities apply to employees hired after April 1, 2021 and who only work remotely due to the COVID-19 pandemic.

For more information, read our blog post on properly completing Form I-9 during the pandemic.