News & Resources

DHS Extends Form I-9 Physical Presence Flexibility Until July 31, 2023

BY: Rayna Alexander, Esq. | 10/12/22

The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced another extension of the temporary policy that allows flexibility of the physical presence requirements associated with Form I-9, Employment Eligibility Verification, until July 31, 2023 [ICE, ICE Announces Extension to I-9 Compliance Flexibility, 10-11-22]. The temporary requirements were first announced in March 2020 and were set to expire on October 31, 2022.

The temporary policy exempts employers that work exclusively in a remote setting due to COVID-19 from the physical inspection requirements associated with Form I-9 until they reinstate non-remote employment on a regular, consistent, or predictable basis, or until the extension expires.

Employers Must Inspect Documents

Within three business days after the earlier date of the employee working in a non-remote setting or the date the exemption from the physical inspection requirement expires, an employer must obtain, inspect, and retain copies of the employees’ documents and enter “COVID-19” in Section 2 of Form I-9 as the reason for the physical inspection delay.

Employers Should Continue to Use Current Form I-9

U.S. Citizenship and Immigration Services (USCIS) reminded employers to continue to use the current Form I-9 with an expiration date of October 31, 2022, until further notice [USCIS, Employer Alert: Continue to Use Current Form I-9, 10-11-22]. USCIS will announce the new version when it is available.

To learn more about federal and state laws, regulations, and information to keep your company’s payroll operations in compliance, check out Payroll Source Plus!

Rayna Alexander, Esq., is Editor of Payroll Information Resources for the APA.