(Excerpts from JDSupra News and Insights)

• The U.S. Immigration and Customs Enforcement (ICE) agency announces an extension to I-9 compliance flexibility rules relating to Form I-9 compliance that was initially granted in March of 2020 at the onset of COVID-19.  
• Specifically, the guidance states: “This extension will continue to apply the guidance previously issued for employees hired on or after April 1, 2021 and work exclusively in a remote setting due to COVID-19-related precautions. Those employees are temporarily exempt from the physical inspection requirements associated with the Employment Eligibility Verification (Form I-9) until they undertake non-remote employment on a regular, consistent, or predictable basis, or the extension of the flexibilities related to such requirements is terminated, whichever is earlier.”
• The original requirement that companies needed to be 100% remote to allow for the use of virtual inspection of identity and work eligibility documents was changed for hires on or after April 1, 2021.
• The Omicron variant is spreading like wildfire heading into the holiday season, and employers continue to struggle with implementing return to work policies, hybrid offerings, and onboarding changes.  Unfortunately, ICE did not ease any burdens in this respect; the Dec 15^thguidance includes nothing about what happens when the virtual policy ends.  Organizations, associations, and individual employers alike have urged ICE to outline the wind-down requirements, provide a reasonable amount of time to inspect documents in-person, update expired List B documents (where required), and otherwise, ensure that all original Forms I-9 are accounted for.