DHS Extends Remote Inspection Rule Due to COVID-19
The U.S. Immigration and Customs Enforcement (ICE) has again extended its temporary rule allowing employers to remotely inspect documents related to the Form I-9 for new hires working remotely until January 31, 2021. The previous extension expired December 31, 2020.
Normally employers must physically inspect original documents when completing an I-9 and even under the temporary rule, must eventually do so. When an employee returns from telework, their documents must be inspected.
The temporary rule is not universal and does not apply to businesses that have employees reporting to a work location. This has caused confusion among employers who have a mix of remote and onsite workers. Guidance on this matter has been limited with ICE indicating they will determine compliance on a case-by-case basis.
We have released several blogs on this topic in the past. For more information, see the 2020 March Guidance.
Completing Form I-9 for Employees with Extended Work Authorization Under DACA
On January 4, 2021, the U.S. Citizenship and Immigration Services released guidance to follow when employees and employers are completing the form I-9 under the Deferred Action for Childhood Arrivals (DACA) program.
See the full release and instructions on how to complete the Form I-9 under these circumstances.
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