Immigration Weekly Round-Up: I-9 Flexibility Rules Extended, Stimulus Aid for Mixed Immigration Status Households

Immigration Weekly Round-Up: I-9 Flexibility Rules Extended, Stimulus Aid for Mixed Immigration Status Households

Immigration & Customs Enforcement Extends I-9 Flexibility Rules

U.S. Immigration and Customs Enforcement (“ICE”) has announced that it will extend its flexibilities for compliance with I-9 regulations until at least January 31, 2021, due to the COVID-19 pandemic. The flexibilities in I-9 compliance were set to expire on December 31, 2020.

On March 19, 2020, ICE issued guidance permitting flexibility in several verification rules in order to allow businesses to safely comply with I-9 regulations during the pandemic. Generally, an employer or its representative must personally inspect the employee’s original documentation during the I-9 verification process. Due to concerns about such interactions during the COVID-19 pandemic, ICE announced that businesses operating remotely could instead conduct remote inspections of verification documentation. The guidance also allowed employers to accept expired documentation, such as driver’s licenses, that had been extended automatically by a state or federal agency. Finally, ICE guidance suspended the requirements