I-9 Virtual Compliance – Ice Announces Another Extension Related to Form I-9 Compliance and Response Time to NOIs

On March 19, the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the Immigration and Nationality Act for 60 days, which was set to expire on May 19. On May 19, ICE extended this policy for an additional 30 days, set to expire on June 18. Due to continued precautions related to COVID-19, ICE has extended this for another 30 days, set to expire now on July 19.

Employers who were served notices of inspection (NOIs) by ICE during the month of March 2020 were granted an automatic extension for 60 days from the effective date. ICE has now granted an additional extension of 30 days to these employers. This will be the final extension relative to NOIs served by ICE during the month of March 2020.

The original guidance including eligibility requirements can be found here.

Murray Osorio attorneys are constantly monitoring any changes and developments with regards to COVID-19 and will continue to provide any updates. Please contact your Murray Osorio representative with any questions.

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