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Form I-9 Requirement for Covid Flexibility Extended until August 31, 2021

Posted by: Karen Booher on June 15th, 2021

The U.S. Immigration and Customs Enforcement (ICE) recently announced a further extension of its interim policy that allows employers to inspect the Form I-9 requirement virtually through August 31, 2021. The most recent flexibility policy was set to expire on May 31, 2021. ICE first issued flexibility due to the pandemic in March 2020, with multiple extensions since then.

What is the Covid-19 Flexibility Policy?

This flexibility policy applies only to employers and workplaces that are operating remotely. If the workplace is functioning even partially at the work location, the employer must implement an in-person verification process. Employers who meet the criteria for remote operation must diligently create cases for their new hires within three business days from the date of hire.

About the Form I-9

The Form I-9 is a mandatory form that employers must complete and maintain with its records, confirming the employment authorization of individuals hired for employment in the U.S. Employers must verify the documents of the new hire within three days of hire, and both employee and employer must complete the form. The list of acceptable documents can be found on the last page of the form.


  1. The National Law Review, June 15, 2021, Volume XI, Number 166. “Form I-9 Requirement COVID-19 Flexibility Extended until August 31”, June, 8, 2021.

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