On October 11, 2022, the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), announced an extension to the Form I-9 flexibilities that have been in place since March 2020. As we previously reported, in response to the COVID-19 pandemic, DHS has allowed employers with remote workforces to collect, inspect, and retain certain employees' identity and employment authorization documents remotely. This flexibility was last set to expire on October 31, 2022, but is now extended until July 31, 2023.

Employers that are transitioning employees back to their physical office locations should be mindful that employees who physically report to work "on any regular, consistent, or predictable basis" must have their employment authorization documents inspected in person.

*The authors would like to thank Alex Clementi, a Law Clerk in Venable's New York office, for his assistance in writing this alert.