ICE extends relaxed rules for viewing I-9 documents through August 2021

Immigration and Customs Enforcement (ICE) recently announced another extension of the rules allowing employers to inspect new employees’ I-9 documents remotely. In 2020, ICE first announced it would provide employers with flexibility to view the documents as a precaution against COVID-19. The new extension is effective until August 31, 2021.

For employees hired after June 1

ICE’s new extension applies to employees hired on or after June 1, 2021, who will work in a remote setting. You don’t have to inspect a new employee’s I-9 documents in-person until she works on-site on a “regular, consistent, or predictable basis.”

You are exempt from in-person inspection, however, only if the entire company is already operating remotely. You aren’t exempt if any employees are working on-site at the work location. There are no exceptions. I-9 flexibility applies only to employers working 100% remotely.

Extension of March 2021 announcement

ICE’s announcement keeps in place its March 31 decision to OK the I-9 flexibilities for fully remote employers (see “How to check I-9 documents if your business is working remotely” in our May 2020 issue). You must inspect the I-9 Section 2 documents via video, fax, e-mail, or similar method within three business days and retain copies.

You should enter “COVID-19” in the “Section 2 Additional Information” field as the reason why you couldn’t inspect the employee’s documents in person.

Returning to the office