The U.S. Department of Homeland Security (DHS) has announced a further extension of Form I-9 compliance flexibility. As previously detailed, on March 19, 2020, DHS began allowing certain employers to defer the physical presence requirement of I-9 documentation inspection and temporarily allowed electronic or remote I-9 documentation review. These provisions were originally set to expire on May 19 but were extended for an additional 30 days. On June 16, DHS announced a further 30-day extension through July 18. Presumably, the extension is for the full 30 days or until the national emergency expires, whichever comes first.
USCIS has also released Form I-9 notation examples to guide employers on how to appropriately notate documents during remote inspection and when normal operations resume.
We are continuing to monitor these policies for updates related to the termination of these extensions or the announcement of additional extensions.