Once again, ICE has announced a further extension of flexibility in its rules related to I-9 compliance. The extension will continue through March 31, 2021.

This means that:

• Employers may continue to inspect Section 2 Form I-9 documents virtually (e.g., over video link, by fax, or by email).

• The flexibility applies only to employers with workplaces that are operating remotely. ICE reiterates that if employees are physically present at the workplace, no exceptions will be implemented.

• Any employees onboarded virtually must report for in-person verification once the employer’s normal operations resume (which may be before March 31, 2021) or once the employee is physically present at the work location, whichever is earlier.

• Employers not eligible for the flexibility, if necessary, may designate authorized representatives to act on their behalf to conduct in-person review of documents.