August 31, 2021

Form I-9 Flex No More?…Voila! Extension #11

After the 11th hour, the U.S. Citizenship and Immigration Services (USCIS) announced it HAS extended the Form I-9 flexibility rule, which was scheduled to expire August 31st. The latest extension is set to expire December 31, 2021.

On March 20, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. The temporary rule enabled employers whose workforce was working 100% remotely to complete the Form I-9 remotely, as well. The Form I-9 required proof of an individual’s identity and legal authorization to work in the U.S.  The rule usually requires in-person, visual inspection of the required  document(s). The initial Flexibility rule was to expire after two months.  But the rule was extended ten (10) times. More recently, it was further expanded to apply to employees who would work remotely, even if the employer’s entire workforce was not remote.

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