I-9 Compliance Flexibility Further Extended to May 31, 2021; Includes New Employee Guidance

March 31, 2021

The Department of Homeland Security announced another extension of flexibility for Form I-9 and E-Verify compliance during the COVID-19 pandemic. The policy has been extended for an additional 60 days to May 31, 2021. This new extension also includes guidance for employees hired on or after April 1, 2021, and work exclusively in a remote setting due to COVID-19-related precautions. 

Per the guidance, those employees working remotely due to COVID-19 “are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.” 

A detailed breakdown of the temporary flexibilities can be found in our earlier website posting here. All of the USCIS’ temporary I-9 and E-Verify policies related to COVID-19 are gathered here, including a Q&A. 

Weaver Schlenger will offer a webinar in April relating to the I-9 guidance and how employers can comply with requirements as they prepare to re-open offices.