DHS Extends I-9 Flexibility Guidance Through October
On April 25, the Department of Homeland Security announced another extension of the Form I-9 compliance flexibilities that was initially granted in 2020. The guidance was set to expire on April 30 but has now been extended through October 31, 2022.
The guidance will continue to allow for remote inspection of Form I-9 documents in situations where employees work exclusively in a remote setting due to COVID-19-related precautions. For employees who physically report to work at a company location on any regular, consistent or predictable basis, employers are required to use standard I-9 procedures.
Last week, CUPA-HR and the American Council on Education (ACE) sent a letter to United States Citizenship and Immigration Services (USCIS) Director Ur Jaddou asking for this additional extension as colleges and universities continue to rely on such flexibilities during a period where institutions are facing worker shortages and a tight labor market that have caused institutions to turn to out-of-state professionals and faculty to fill open positions. Additionally, the letter noted that DHS is pursuing options to modernize the Form I-9 examination requirements through the formal rulemaking process, which may lead to a permanent option for remote inspection.
CUPA-HR is once again grateful for DHS’s swift response and extension of the Form I-9 flexibilities. We will keep members apprised of any updates on both this guidance and future Form I-9 regulatory activity.