Immigration News - I-9, United States DHS to publish Form I-9 proposal tomorrow Share this article LinkedIn Facebook X (Twitter) August 17, 2022 The Department of Homeland Security (DHS) will publish a proposed rule tomorrow that would allow the agency to provide optional alternatives to physical document examination in some scenarios in the Form I-9 process. Key Points: The proposal would not make immediate changes to the Form I-9 process. The proposal would give DHS formal authority to allow alternatives to in-person review of physical Form I-9 documents: As part of a pilot program. Upon DHS’ determination that such procedures offer an equivalent level of security. As a temporary measure to address a public health or national emergency. The proposed rule will be published in the Federal Register tomorrow, Aug. 18. A prepublication version is available here. Once the proposal is published, DHS will accept comments from the public for 60 days. DHS will also propose changes to the Form I-9 and instructions to allow employers to indicate when they rely on alternative document examination procedures. DHS will seek input from the public on ways to reduce risks to the integrity of any alternative procedure, avoid discrimination and protect privacy interests. Background: U.S. Immigration and Customs Enforcement (ICE) has provided temporary Form I-9 flexibilities that allow for remote document verification in some cases for eligible employers who are operating remotely because of COVID-19. The temporary flexibilities are currently scheduled to expire on Oct. 31. U.S. employers and business coalitions, including BAL, have urged DHS to make remote verification available permanently. BAL Analysis: While the DHS proposal does not directly authorize remote document examination, it would create a legal structure that would allow the government to use alternative processes in the future. DHS also said it is “exploring alternative options” including making some of the COVID-19 measures permanent. BAL will continue to follow the possible changes on the Form I-9 process and will provide updates as information becomes available. This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com. Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.