Breaking News: Guidance on Form I-9 Temporary Flexibilities: Updated Information

1. An employer’s entire staff is no longer required to work virtually for the employer to use temporary flexibilities.

• Before April 1, 2021, if there were employees physically present at a worksite location, DHS did not permit policy exceptions of the in-person Form I-9 document examination requirements.
• DHS has clarified that employers do not need to have 100% percent of their staff working remotely to use the temporary flexibilities permitting remote inspection.

2. Provides greater flexibility for employers.

• Employees who were hired as of April 1, 2021 and working remotely are exempt from the in-person examination of their Form I-9 identity and employment eligibility documentation, even if some employees are working in-person at the employer’s worksite.
• This flexibility ends once the employee undertakes non-remote employment on a regular, consistent, or predictable basis, or the extension of the remote inspection flexibilities related to such requirements is terminated, whichever is earlier.

For more information, please see DHS Extends Form I-9 Requirement Flexibility (Effective Mar. 31, 2021).