January 28, 2021

Form I-9 Flexibility Rule Extended Another 60 Days

On January 28th, the U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) extended the Form I-9 Flexibility rule for another 60 days, through March 31, 2021. This rule was set to expire February 1, 2021.

An employer may take advantage of this rule only if its workforce is 100% remote. The rule enables the employer’s representative, often human resources, to view the required document(s) remotely by fax, video or email. When the employer’s workplace reopens, even partially, the regular rules take over and manual inspection is required by the third business day after the workplace reopens.

Click here for the latest press release. Click here for detailed instructions on completing the Form I-9 remotely and then updating it after the in-person document inspection.