ICE Extends WFH Remote Form I-9 Verification To December 31, 2020

U.S. Immigration and Customs Enforcement recently announced that it is extending the remote I-9 verification for employers and workspaces operating remotely through December 31, 2020.  In March, the Department of Homeland Security (DHS) announced that it would defer the physical presence requirement associated with the Form I-9. Under the guidance, employers who have employees working remotely are not required to review the employee's identity and employment authorization documents in the employee's physical presence.  However, employers must inspect the identity and employment authorization documents remotely (e.g., over video link, fax, email, etc.) and obtain, inspect, and retain copies of the documents, within three business days for purposes of completing Section 2 of the Form I-9.  It is the employer's burden to maintain policies regarding work from home and remote status for employees who are being remotely verified.