Federal Extension of Form I-9: Flexibility Into 2022

The U.S. Immigration and Customs Enforcement (ICE) has passed a Federal Extension of Form I-9 compliance flexibility until April 30, 2022, due to necessary COVID-19 precautions. This extension continues to apply the guidance previously issued for employees hired on or after April 1, 2021, and who work exclusively in a remote setting due to COVID-19-related precautions. Those employees are temporarily exempt from the physical inspection requirements for the Employment Eligibility Verification Form (I-9) until they are working non-remotely on a regular, consistent, or predictable basis or when the extension ends—whichever is earlier.

On March 20, 2020, the Department of Homeland Security announced its deferral of the physical presence requirements for theFederal Extension of Form I-9 to protect employees and employers from COVID-19. However, this policy only applies to employers and workplaces that are operating remotely. If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for the form.

Do you have questions about the Federal Extension of Form I-9? Contact ELI Advisors; our experts can answer any of your HR-related questions and provide the expert support you need for your business!

author avatar
Eric Thieringer President
Eric Thieringer is president of Eli Advisors, an HR, payroll and employee benefits firm focused on serving small to mid-size organizations. Eli's services and support address the frustrating gaps that challenge employers and their employees. By solving these problems, Eli Advisors creates financially sustainable programs and services that help organizations attract, retain, and engage the talent needed to succeed.