Due to Covid-19, the U.S. Immigration and Customs Enforcement (ICE) has extended the physical presence rules relating to Form I-9, as their original exception was set to expire May 19.
Employers have been granted an additional 30 days to review Form I-9 documents remotely (video, fax, email).
When regular business operations resume, an employer must inspect the documents in person and notate Covid-19 in the “additional information” and “documents physically examined” sections to explain the delay.
In addition, employers who were served Notices of Inspection (NOI) by ICE (during the month of March 2020, and had not already responded), were granted an automatic extension for 60 days from the effective date. ICE will grant an additional extension of 30 days to these employers.
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The information contained in this document is intended for educational purposes and to provide a general understanding of regulatory events, legislative changes and the law – not to provide specific legal advice.