September 07, 2022

DHS May Make Form I-9 Flexibility a Fixture

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

The Department of Homeland Security (DHS) announced it is considering changes to the Form I-9 documentation examination procedures. As human resources teams know, the remote workplace that became common during the COVID-19 pandemic made an already complicated I-9 process a logistical nightmare. With the U.S. government's declaration of a national emergency due to the COVID-19 pandemic, DHS and Immigration and Customs Enforcement (ICE) announced certain flexibilities in March 2020 that suspended the requirement of in-person review of I-9 documents when a company was operating remotely due to COVID-19. Those flexibilities have been extended numerous times and are currently set to expire Oct. 31, 2022.

While DHS says it is considering making these temporary flexibilities permanent, the Notice of Proposed Rule Making (NPRM) published last month does not seek to do so. Instead, the NPRM seeks to validate the authority of the DHS secretary to enact flexibilities, offer alternative options, and/or implement a pilot program to evaluate existing and additional alternative I-9 procedures for some or all employers. DHS recognizes that more and more employers are utilizing telework and remote work for their employees and that requiring in-person review of I-9 documents is no longer consistent with work patterns of many businesses.

Some of the more notable possible changes to the I-9 process described in the NPRM include requiring employers to note on the Form I-9 which of the alternative procedures they used; requiring employers to retain copies of I-9 documents; requiring online training on fraudulent document and/or anti-discrimination training for employers who wish to utilize the alternative procedures; and limiting eligibility to use the alternative procedures to employers that utilize E-Verify, the government's online employment verification system.

Comments to the NPRM are due on or before Oct. 17, 2022.

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 Greenberg Traurig

Dutch Presented Tax Measures for 2023

By Thomas van der Vliet Greenberg Traurig September 21 , 2022

On Budget Day, 20 September 2022 (Prinsjesdag), the Dutch Ministry of Finance presented its 2023 tax plan (the Proposal). For the proposed bills discussed in this GT Alert to have effect, Parliament first must approve them.

Commerce Issues Final Rule on AD/CVD Grace Period

By Laura Siegel Rabinowitz Greenberg Traurig September 20 , 2022

The Department of Commerce (DOC) has issued the final rule implementing the two-year moratorium on anti-dumping or countervailing duties (AD/CVD) for solar panels and cells from Cambodia, Malaysia, Thailand, and Vietnam in accordance with the June 6, 2022, Presidential Proclamation (Declaration of Emergency and Authorization for Temporary Extensions of Time and Duty-Free Importation of Solar Cells and Modules from Southeast Asia; See GT Alert, Biden Uses Emergency Powers to Pause New Solar Import Tariffs—Frequently Asked Questions), which provided for the two year moratorium on those tariffs.

The Tide May Be Turning on Flood of ERISA Excessive Fee Class Actions

By Jeffrey D. Mamorsky Greenberg Traurig September 20 , 2022

The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University1 continue to evolve.

More From Immigration Law

NYC to End Private-Sector Vaccine Mandate on November 1, 2022

By Abigail M. Kagan McDermott Will & Emery September 22 , 2022

On September 20, 2022, New York City Mayor Eric Adams announced that New York City’s COVID-19 vaccine mandate for private employers will end on November 1, 2022.

Biden Administration Clarifies That Government Will Not Enforce Federal Contractor COVID-19 Vaccine Mandate

By Patricia Anderson Pryor Jackson Lewis P.C. September 21 , 2022

In a statement on its website, the Safer Federal Workforce Task Force has indicated that, until further notice, the government will not enforce any part (not just the COVID-19 vaccine mandate portion) of Executive Order 14042 (EO 14042).

No More COVID-19 Vaccine Mandate for New York City's Private Sector

By Richard I. Greenberg Jackson Lewis P.C. September 21 , 2022

Beginning November 1, 2022, New York City private sector employees will no longer be subject to the COVID-19 vaccination mandate.

Featured Stories