Immigration and Customs Enforcement (ICE) has further extended flexibility in completing Form I-9 procedures because of the COVID-19 situation and employers and employees operating remotely.
The ICE guidance allows employers who are operating 100% remotely to verify employee documents virtually, e.g., using fax, email or video link, for the purpose of Form I-9 employment eligibility verification procedures. These measures that are temporary and set to expire on August 19, 2020 have been extended for an additional 30 days and are now set to expire September 19, 2020.
ICE issued the original guidance in March 20, 2020 for 60 days and extended it for two additional 30-day period before the current extension.
It is important to note that employers that follow these remote, virtual procedures must strictly comply with the guidelines when they are back to working normally. This includes conducting physical inspection of the documents that were viewed remotely within three business days of resuming normal operation.