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Employers with workplaces that are operating remotely because of COVID-19 do not have to conduct an in-person I-9 review of identity and work authorization documents for the rest of the year, the U.S. Immigration and Customs Enforcement (ICE) has announced. 

The ICE announcement Wednesday extends permission to continue conducting remote review of required documents for Form I-9 through Dec. 31. This is the fourth time this year ICE has allowed an extension in the rules related to I-9 compliance. The last extension had been due to expire today. 

This flexibility only applies only to employers and workplaces that are operating remotely.  If there are employees physically present at a work location, no exceptions to the in-person document review are permitted, according to ICE. 

Going forward, the U.S. Department of Homeland Security will monitor the ongoing national pandemic and provide updated guidance as needed. Employers are required to monitor the DHS and ICE websites for updates on when the extensions will be terminated, and normal operations will resume. 


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