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United States: DHS Proposes Authority to Permit Alternatives to In-Person Inspection of I-9 Documents

2 min read
In-Person Inspection

The Department of Homeland Security (DHS) is proposing a regulation that would give it the power to permit alternatives to in-person verification of identity and employment qualification documents during the Form I-9 process. Whenever finished, the rule would not make immediate, permanent changes to the I-9 process. Instead, it would establish a system under which DHS could expand flexibilities, pilot alternatives to in-person inspection, or grant choices during emergencies.

The rule is set to be published on 18th August 2022. DHS will accept public feedback on the proposal for 60 days after publication. Also, DHS is looking for feedback on a few I-9 issues under consideration for the future, including document retention requirements, possible training requirements for employers, and potential eligibility criteria for employers wishing to use a permissible option in-person to in-person inspection.

DHS Proposes Authority to Allow Options for In-Person Inspection of I-9 Documents

At the beginning of the COVID-19 pandemic in March 2020, DHS, through U.S. Immigration and Customs Enforcement (ICE), temporarily relaxed its enforcement of the usual requirement. That employers physically inspect identity and work authorization documents introduced during the I-9 process. All things being equal, it permitted employers to survey documents by video, fax, or email, given that they hold duplicates of the documents. The policy has developed and been broadened a few times over the last two and a half years; it is currently set to expire on 31st October 2022, however, it very well may be expanded further.

[Types of Immigration statuses in the United States]

The proposed guideline would give DHS the continuous power to permit accommodations. To in-person Form I-9 document inspection when the agency determines such accommodations are justified and to test alternatives. The proposal also looks for changes to Form I-9 that would create new fields. To permit employers to demonstrate whether documentation was analyzed under alternate procedures.

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