U.S. Citizenship and Immigration Services (USCIS) has published a Request for Public Input seeking information about employers’ experiences with remote document verification in the Form I-9, Employment Eligibility Verification process.

Key Points:

  • USCIS is soliciting comments to:
    • Understand employer and employee experiences with the verification process.
    • Examine the impacts of remote document examination during the COVID-19 pandemic.
    • Understand the potential costs and benefits of allowing future remote document examination flexibilities.
  • USCIS will accept comments through the Federal eRulemaking portal for 60 days beginning today, Tuesday, Oct. 26.

Additional Information: In March 2020, U.S. Immigration and Customs Enforcement (ICE) introduced temporary flexibilities that allowed employers to review documents virtually, e.g., over video link, fax or email. ICE has extended the flexible measures multiple times, but they are currently scheduled to expire Dec. 31. Under the temporary guidance, employers must physically examine the documents they reviewed remotely when normal operations resume.

USCIS said it is now “seeking to explore alternative options to physical document examination that offer an equivalent or higher level of security for identity and employment eligibility verification purposes.”

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.