DHS Extends Form I-9 Requirement Flexibility (Effective January 1, 2022)

DHS Extends Form I‑9 Requirement Flexibility (Effective January 1, 2022)

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I‑9, Employment Eligibility Verification, due to COVID‑19.

This temporary guidance was set to expire Dec. 31, 2021. Because of ongoing precautions related to COVID‑19, DHS has​ extended the Form I‑9 requirement flexibility policy until April 30, 2022.

See the original ICE news release from March 20, 2020​ for more information on how to obtain, remotely inspect, and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I‑9. Please also consult ICE’s guidance for clarification on this provision.

Employers must monitor the​ DHS​ and​ ICE’s Workforce Enforcement announcements​ about when the extensions end and normal operations resume.

E‑Verify​ participants who meet the criteria and choose the remote inspection option should continue to follow current guidance and create cases for their new hires within three business days from the date of hire. Please see​ COVID‑19 webpage​ for more information.

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