Taking Care of HR Business
        A blog from the attorneys of Verrill

        ICE Extends I-9 Compliance Flexibility

        by Tawny L. Alvarez on June 3, 2021

        Those responsible for employee onboarding can breathe a sigh of relief after U.S. Immigration and Customs Enforcement last week announced that they would extend flexibilities that were instituted last year as a result of COVID-19. Specifically, the announcement extends the agency’s previous rules until August 31, 2021.

        The rule applies to employees if they 1) are hired on or after June 1, 2021 (but the previous rules have been in effect since March 2020); and 2) work exclusively in a remote setting due to COVID-19. Specifically, employees hired who meet the above two pre-requisites are temporarily exempt from the physical inspection requirements set forth in Section 2 of the Form I-9 Employment Eligibility Verification process. This exemption applies until the employee is non-remote or August 31, 2021, whichever is earlier.

        What do you need to know about this exemption:

        1. If your organization has in-person operations and remote operations, this flexibility only applies to individuals who are working remotely. If an individual physically reports a work at a company location on any regular, consistent, or predictable basis, the in-person physical inspection requirements remain in effect.
        2. If the employee has been hired for a remote position that is not COVID-19 related, and the position will continue in a remote capacity, even after COVID-19 precautions are lifted, your organization cannot take advantage of this exemption. In these situations, you will have to have a company representative meet the employee in person to review the documentation within three days of the start of employment.
        3. There still needs to be a review of Section 2 documents remotely. Accordingly, the employee will need to share the document by video link, email, fax or send a photocopy to the office so that the company can inspect the documentation remotely. When filling out Section 2, the employer should enter “COVID-19 Delay in Physical Review” in the box marked “Additional Information.” Employers must provide the employee with written documentation of their remote onboarding and telework policy, including that the employee will be required to provide documentation evidencing their ability to legally work in the United States upon returning to the company’s physical office.
        4. Once the employee returns to work in a non-COVID-19 remote format, or on August 31, 2021 (whichever is sooner), employers will need to meet with the employee within three days of their return to work and physically inspect the documents and amend the I-9 form. Recall that the I-9 form cannot have information erased and white out cannot be used. In the space marked “Additional Information,” employers should write “Documents Physically Examined [date],” including the date in which the physical inspection occurred.

        For more information on I-9 best practices, contact Tawny Alvarez or another member of Verrill’s Employment and Labor Group.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contact

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...