On Aug. 17, the U.S. Department of Homeland Security (DHS) announced its first proposed rule on the Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9).
The proposed rule does not include a detailed plan for virtual inspection of Form I-9. Instead, the proposed rule would “formalize the authority for the Secretary to extend flexibilities, provide alternative options or conduct a pilot program to further evaluate an alternative procedure.” This is significant as it signals the administration’s openness to formalize COVID-19-era flexibilities and permit permanent remote inspection of employee identification and employment authorization documentation.
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