On June 16, 2020, U.S. Immigration and Customs Enforcement (ICE) announced a second extension of its prior guidance relaxing the in-person verification requirements of Form I-9 for employers operating remotely due to COVID-19. The original guidance was adopted for an initial 60-day term, but its expiration was subsequently extended to June 19, 2020. ICE has now indicated that due to continued precautions related to COVID-19, this policy is once again extended for an additional 30 days, setting the policy to expire on July 19, 2020.
The policy continues to extend only to employers operating 100 percent remotely due to COVID-19. In addition, employers on which ICE served notices of inspection (NOIs) during the month of March 2020 will be granted an additional 30-day extension to respond to such NOIs. This additional 30-day extension brings the total available extension period for responding to such NOIs to 120 days from March 19, 2020.
Ogletree Deakins’ Immigration Practice Group will continue to monitor developments with respect to the policy changes and will post updates on the Immigration blog and 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 programs.