October 7, 2021

DHS Extends Updated Form I-9 Procedures

U.S Immigration and Customs Enforcement (ICE) has extended its new employee Form I-9 compliance flexibility regulations until December 31, 2021.

Initial flexibility regulations temporarily exempted employees hired on or after April 1, 2021 – working exclusively in a remote setting due to COVID-19-related precautions – from ICE’s physical inspection requirements associated with completion of its Form I-9. The new flexibility requirements extension will remain in effect until such employees are no longer working remotely on a “regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.”

These flexibility requirements apply only to employers and workplaces that are operating remotely. For newly hired employees who are physically present at a work location, no exception applies. Employers should continue to monitor U.S. Department of Homeland Security and ICE websites for additional updates and changing regulations.

Members who have questions concerning Form I-9 compliance should contact Western Growers.