A much anticipated proposed rule regarding remote I-9 document verification was published this week. The proposed rule does not cement the permanent use of remote document verification. Instead, it authorizes the DHS Secretary to establish alternative options for document examination procedures through a pilot program. Many employers had urged DHS to implement a permanent remote documentation verification process through rulemaking, but instead of creating the policy outright, the proposed rule authorizes DHS to create a policy. This approach shifts the burden back to DHS to create a policy, meaning that employers will have to wait a while longer before having permanent guidance on remote document verification.
The proposed rule also states that DHS anticipates amending the Form I-9 to include a notation if an alternative document verification method is used. The proposed rule is not final, and employers or other interested parties can submit comments in response. In particular, DHS is seeking comments on document retention practices, fraudulent documents, and anti-discrimination training. Comments are due by October 17, 2022, and can be submitted using the Federal Register portal here.