ICE Announces Extension of I-9 Physical Presence Requirement Flexibility for 30 Days

July 9, 2020

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Loan Huynh, Fredrikson Immigration Department Chair, is a member.

I-9 Employment Eligibility Verification blank form lies on United States flag with blue pen from Department of Homeland SecurityU.S. Immigration and Customs Enforcement (ICE) announced another extension of physical presence flexibility related to Employment Eligibility Verification (Form I-9) compliance that was granted earlier this year. Due to continued precautions related to the COVID-19 pandemic, the policy for employers operating 100 percent remotely in light of COVID-19 is extended for an additional 30 days, to July 19, 2020.

On March 19, 2020, due to precautions implemented by employers and employees associated with COVID-19, the Department of Homeland Security (DHS) announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the I-9 process. On May 19, DHS extended this policy for an additional 30 days.