DHS Seeks Public Comments Regarding Remote Document Examination For I-9 Employment Eligibility

In March 2020, the U.S. Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) announced that due to the COVID-19 pandemic, employers and workplaces that operate remotely no longer have to physically examine documentation provided by an employee to verify their identity and employment eligibility associated with the Employment Eligibility Verification (Form I-9) process. Rather, these documents can be examined or verified remotely through e-mail, facsimile, etc. This change in policy continues to remain in place through December 31, 2021.

Recently, DHS has sought comments from the public as to making this remote document examination practice, associated with Form I-9 processing during the COVID-19 pandemic, a more permanent practice. Please see the following regarding DHS' request for public input: https://www.regulations.gov/document/USCIS-2021-0022-0001.