ICE Extends E-Verify I-9 Requirements Flexibility

June 10, 2020

By Immigration Group

This article was prepared with the assistance of ABIL, the Alliance of Business Immigration Lawyers, of which Laura Danielson is an active member.

U.S. Immigration and Customs Enforcement (ICE) has extended temporary guidance that had been set to expire on May 19, 2020, for an additional 30 days.

Due to COVID-19-related precautions implemented by employers and employees, the Department of Homeland Security announced on March 19, 2020, that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the I-9 employment eligibility verification process.

Employers who were served notices of inspection by ICE during March and had not already responded were granted an automatic extension for 60 days from the effective date. ICE will grant an additional 30 days to these employers.

The notice states that employers are required to monitor the Department of Homeland Security and ICE websites for additional updates regarding when the extensions will be terminated and normal operations will resume.