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DHS Updates and Extends Flexibility Requirements Related to Form I-9 Compliance

Updated: Aug 1, 2022

Effective April 1, 2021, employers must inspect employees’ Form I-9 identity and employment eligibility documentation in-person if those employees are expected to physically report to work at a company location on any regular, consistent, or predictable basis.

If employees hired on or after April 1, 2021, work exclusively in a remote setting due to COVID-19-related precautions, they are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) and the previous I-9 flexibility requirements will remain in place until May 31, 2021. However, should an employee undertake non-remote employment on a regular basis or the extension of the flexibilities related to such requirements are terminated, then a physical inspection of an employees' employment eligibility documents will be required.

As a reminder, we reported on the changes here and explain how to implement a COVID-related policy implementing these I-9 flexibilities: DHS Guidance Update for E-Verify and I-9 Compliance During COVID-19 Pandemic

This policy allows for employers with specifically written policies to virtually inspect documents presented for Form I-9 purposes. If your company still need to set up your policy or want to learn more about it, you can access our FREE video discussion these policy changes:

Danielle Atchison

Business Immigration Attorney


NOT LEGAL ADVICE: This article is for educational purposes only, it is not legal advice that may be applicable to our situation

The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.


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