DHS Again Extends I-9 Compliance Flexibility, Also Proposes Framework to Allow Alternative Verification Procedures

The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), recently extended until July 31, 2023, the temporary policy allowing remote verification of Form I-9 documents for employees working exclusively in remote settings due to COVID-19–related precautions.

This policy has been extended numerous times. The previous extension expired on October 31, 2022.

Proposed Changes to Form I-9

DHS has also issued a notice of proposed rulemaking that would create a framework to allow the secretary of homeland security to extend Form I-9 remote verification flexibilities. DHS is proposing changes to the Form I-9, Employment Eligibility Verification, and its instructions that would incorporate information on alternative procedures an employer uses to verify documents presented for compliance with Form I-9 requirements. Changes to the program would require a new version of Form I-9 with updated instructions. Employers should continue to use the current version of Form I-9 with an October 31, 2022, expiration date until further notice.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to these and other policy changes and will post updates on the Immigration blog and in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. Important information for employers is also available via the firm’s webinar and podcast programs.