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ARTICLE · 22 AUGUST 2022

DHS Proposes Major Changes To The Form I-9 Process In The US

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The rule does not aim to directly authorize remote document examination.

United StatesImmigration
Elizabeth Espín Stern
Elizabeth Espín Stern
Grace Shie
Grace Shie
Morgan Bailey
Morgan Bailey
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On August 18, 2022, the Department of Homeland Security (DHS) published a proposed rule titled Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9).

Background

Employers are responsible for verifying the identity and employment authorization of newly hired employees by completing Form I-9, Employment Eligibility Verification, for each worker hired to perform labor or services in the United States. During the coronavirus pandemic, DHS issued temporary guidance providing an alternative to the in-person verification requirement through remote inspection (e.g., video, fax, email).

The Proposed Rule

In view of technological advances and new work arrangements, the government is exploring alternative means for employers to verify new employees' identity and employment authorization, including some of the flexibilities introduced during the pandemic. The rule does not aim to directly authorize

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