ICE extends temporary flexibility for I-9 forms during pandemic

A Form I-9 is required for all new hires to verify their employment eligibility. Before March 2020, employers had to physically inspect original documents the new hires presented for I-9 purposes. After the COVID-19 pandemic started, however, U.S. Immigration and Customs Enforcement (ICE) relaxed the physical inspection requirement, provided the business had no employees reporting to the workplace. Now, the agency has extended the relaxed approach through May 31, 2021, for individuals working remotely, even if the employer has other personnel reporting to work in person.

5 FAQs about relaxed I-9 protocols

What level of I-9 flexibility was granted during pandemic? Under the temporary Form I-9 rules for COVID-19, employers may (1) verify or reverify I-9s based on photocopies rather than original documents, (2) add a note in Section 2 saying “COVID-19,” and (3) set the form aside for the time being.

Once business operations allow for the inspection of original documents or the pandemic emergency ends, whichever occurs first, the employer has three business days in which to inspect the original documents and update each I-9 by adding a note in Section 2 or 3 saying, “Documents physically examined on [date].”

As the employer, you’re responsible for documenting your eligibility to use the temporary I-9 flexibility rule on the basis that no personnel were reporting to the workplace because of your pandemic policy or local lockdown orders.