Form I-9 Compliance Flexibility Set to Expire on April 30, 2022, Extended to October 31, 2022

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Form I-9 Compliance Flexibility Set to Expire on April 30, 2022, Extended to October 31, 2022

On April 25, 2022, the U.S. Immigration and Customs Enforcement (ICE) – a federal law enforcement agency under the U.S. Department of Homeland Security (DHS) – announced an extension of the flexibilities in compliance requirements for the “Form I-9, Employment Eligibility Verification” that were set to expire on April 30, 2022, to October 31, 2022.

On March 20, 2020, in response to public health guidance and precautions related to the COVID-19 pandemic, the DHS announced it would exercise prosecutorial discretion to defer the physical presence requirements of the Form I-9 under Section 274A of the Immigration and Nationality Act (INA) only for employers and workplaces that were operating remotely.

Effective April 1, 2021, the DHS updated its Form I-9 guidance. Employees hired on or after April 1, 2021, who worked exclusively in a remote setting due to COVID-19 precautions were temporarily exempt from the physical inspection requirements associated with the Form I-9 under Section 274A of the INA until they undertook non-remote employment.

Employers should monitor the DHS and ICE websites for updates regarding when the extensions will be terminated. For more information about temporary policies related to COVID-19, visit the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/i-9-central/form-i-9-related-news/temporary-policies-related-to-covid-19.

The Immigration Reform and Control Act of 1986 (IRCA) requires employers in the United States to complete Form I-9 for all employees hired after November 6, 1986, to verify their identity and their employment authorization to work in the country. Both employers and employees must complete the Form I-9 available at www.uscis.gov/i-9.

COVID-19 is a potentially deadly respiratory illness that spreads from person to person. As of the end of April 2022, there are more than 510 million global cases and 6.2 million global deaths, while the United States leads the world with more than 80 million cases and 990,000 deaths, according to research from Johns Hopkins University.

For more than 25 years, ClearStar has been helping employers around the globe succeed by providing them with employment intelligence to grow their teams with confidence and has established an impeccable reputation for innovation, reliability, and candidate care. To learn more about our pre-employment background check services, contact ClearStar today.

 

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    Thomas Ahearn - News Blog Editor and Public Relations Specialist

    Thomas Ahearn is our News Blog Editor and Public Relations Specialist. Our News Blog provides information about the background check industry to employers, HR professionals, recruiters, and consumers. ClearStar's News covers a variety of topics including Ban the Box, credit reports, criminal records, data breaches, drug testing, Equal Employment Opportunity Commission (EEOC), E-Verify, Fair Credit Reporting Act (FCRA), HR technology, identity theft and fraud, jobs reports, lawsuits involving screening, Millennial workforce, privacy issues, social media background checks, and workplace violence.

    At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.

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