August 18, 2022

US CIS and DHS Propose Possible Form I-9 Changes

On August 18th, the U.S. Citizenship and Immigration Services (USCIS) and Department of Homeland Security (DHS) published a proposed rule in the federal register. The rule may impact how employers process the Form I-9 to confirm a newly hired employee’s identity and authorization to work in the U.S.

Interestingly, the rule is not proposing specific changes now but is proposing to give the agencies the authority to change them. “This rule would not create such alternatives but would instead formalize the authority for the Secretary to extend flexibilities, provide alternative options, or conduct a pilot program to further evaluate an alternative procedure option…”

The notice does give us some insight into what some of those options might be.

  • the Secretary may authorize optional alternative documentation examination procedures, in lieu of physical examination (aka remote inspection option that is in place through October 31, 2022);
  • Limiting which employers could continue to use remote inspection procedures, such as only those that have enrolled and are in good standing using e-Verify;
  • Changing the Form I-9 for employers to indicate which inspection procedure they used;
  • Changing document retention requirements, including those viewed remotely;
  • Adding a training requirement for employers on fraudulent document detection and/or an anti-discrimination.

USCIS and DHS seek employers’ comments on these and other considerations.  You have until October 17th to submit electronic comments.  You can do so here.