Remote I-9 Verification Rule Under Review

DHS filed a notice of proposed rulemaking regarding alternative documentation examination procedures for Form I-9 review. The text of the proposed rule is not publicly available. Still, the rule summary states the following: “DHS plans to propose to revise employment eligibility verification regulations to allow the Secretary to authorize alternative document examination procedures in certain circumstances or with respect to certain employers. Future exercises of such authority may reduce burdens on employers and employees while maintaining the integrity of the employment verification process.”

Form I-9 Recent History
  • Last fall, DHS published a request for public comment on alternatives to physical document examination. DHS received more than 300 comments from employers and trade groups.
  • On March 30, USCIS invited the public to comment on an updated Form I-9, Employment Eligibility Verification, before the form expires on October 31, 2022.
Erickson Insights

USCIS is expected to consider the comments on Form I-9 before releasing a new form in advance of the form’s expiration. A summary of USCIS’s proposed changes can be found here.

Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.