DHS Announces Extension of Flexible I-9 and Request for Evidence Policies

The Department of Homeland Security (DHS) recently announced that it was extending its March 2020 policies that
1) allows employers who have implemented remote working policies in response to COVID-19 to review a new hire’s work authorization documentation remotely when completing the Form I-9, and
2) provides automatic 60 day extensions to assist applicants and petitioners who are responding to certain agency requests such as Requests for Evidence.

The expiration date for the I-9 remote review accommodation is now November 19, 2020.

The automatic 60 day extension to respond to agency requests applies to the documents listed below that have an issuance date between March 1, 2020 and January 1, 2021:

  • Requests for Evidence (RFE);
  • Continuations to Request Evidence (N-14);
  • Notices of Intent to Deny;
  • Notices of Intent to Revoke;
  • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
  • Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
  • Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion.

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