December 15, 2021

Form I-9 Flex Rule Extended Again!

Today, US CIS and DHS announced yet another extension of this rule (#12?). This time the extension is through April 30, 2022. As a reminder, this rule applies to any newly hired employee who will work exclusively in a remote setting due to COVID-19-related precautions. Those employees 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.  You must still complete a Form I-9 but may initially inspect the related document(s) remotely. If and when the employee works on-site, then you must conduct a physical inspection.

For more information, visit ICE’s FAQ page related to the original implementation of the Flexibility Rule in March 2020.

NOTE: On October 26th, I wrote that CIS was seeking public comment regarding this process. There were some indications the agency was considering making this rule permanent. That is not off the table. That notice and comment period is still open; it closes December 27th.  Click here to submit your comments!