SHARE

August 18, 2022

DHS Takes Step Toward Allowing Virtual, Alternative Options for Examination of I-9 Documents

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all Law.com OnPractice content.
Register Now

For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually over video link or by fax or email. That flexibility is set to expire on October 31, 2022.

As remote workforces have gained in popularity and practice, many employers and advocacy groups have encouraged making virtual I-9 review a permanent fixture in the on-boarding process.

DHS is taking a first, tentative step in that direction. The agency has issued a proposed rule for comments. This proposal does not authorize permanent flexibility, nor does it provide alternatives. Instead, it gives DHS the ability to authorize changes to the process in the future. Such changes could be temporary or permanent and could apply to all or only some employers, depending upon specific determinations regarding the level of security and the fraud risk involved, according to the proposal.

As it considers options, DHS seeks public comments on the benefits and costs to employers of instituting Form I-9 flexibility. On the benefit side, employers' ability to conduct Form I-9 verifications remotely would allow companies to centralize their I-9 processes and experienced staff can conduct the reviews, eliminating the need to hire agents who may not be as experienced to conduct remote verifications and making it easier to hire key employees who might work remotely. Moreover, such flexibility would eliminate barriers to hiring individuals for whom remote work is a necessity, such as those who live in rural areas or have physical disabilities that make it impossible to attend an in-person I-9 verification. On the cost side, some employers might need to purchase new equipment and train staff to conduct remote document screening.

DHS also wants public comments on possible requirements for permanent flexibility. DHS has suggested:

  • Requiring employers to provide their staff "fraudulent document detection and/or an anti-discrimination training";
  • Requiring employers to be enrolled in E-Verify; and
  • Limiting the flexibility to employers that do not have a history of being fined for I-9 violations.

The comment period ends on October 17, 2022. We will continue to provide updates on the proposed rule as they become available. If you have any questions about the possible new process or on how to submit a comment to the DHS, please reach out to your Jackson Lewis attorney. 


©2022 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit https://www.jacksonlewis.com.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Jackson Lewis P.C.

President Biden Calls on Congress to Avoid Mass Railroad Strike

By Jonathan J. Spitz Jackson Lewis P.C. December 07 , 2022

President Joe Biden has asked Congress to step in and enact legislation in the hopes of preventing a nationwide railway strike.

City of Atlanta Adopts New Protections for Criminal History Status, Gender Expression

By Emily S. Borna Jackson Lewis P.C. December 07 , 2022

The Atlanta City Council has amended the City of Atlanta Anti-Discrimination Ordinance to extend protections to citizens on the basis of criminal history status and gender expression in employment, housing, and public accommodations.

Congress Votes to Impose Bargaining Agreement to Avoid Nationwide Railroad Strike

By Jonathan J. Spitz Jackson Lewis P.C. December 02 , 2022

Both the House and Senate have passed legislation under the Railway Labor Act to avoid a railroad strike by imposing the bargaining agreement brokered by President Joe Biden in September 2022.

More From Immigration Law

Certain Ukrainian and Afghan Parolees Employment Authorized Incident to Parole

By Linnea Porter Greenberg Traurig December 07 , 2022

Effective Nov. 21, 2022, USCIS announced that certain Afghan and Ukrainian beneficiaries paroled into the United States are employment authorized incident to parole.

Temporary Protected Status Extended for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

By Laura Foote Reiff Greenberg Traurig November 14 , 2022

The Department of Homeland Security announced an 18-month extension of Temporary Protected Status (TPS) for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.

U.S. Department of Education No Longer Recognizes ACICS as an Accrediting Agency

By Luna Ma Greenberg Traurig November 08 , 2022

USCIS posted a notice that as of Aug. 19, 2022, the U.S. Department of Education no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency.

Featured Stories
Closeclose
Search
Menu

Working...