In a positive response to written comments received by the agency, although short of what we would prefer, U.S. Citizenship and Immigration Services (USCIS) has published a proposed rule that would formalize the agency’s authority to implement “alternative options,” i.e., remote review options, for employers to use when verifying an employee’s identity or work authorization documentation on the Employment Eligibility Verification Form I-9.
Since March of 2020 and in response to workplace changes prompted by the COVID-19 pandemic, USCIS has implemented a temporary policy allowing employers with teleworking employees to remotely review new employees’ identity and employment authorization documentation when completing the Form I-9 rather than requiring physical inspection of the documents. That policy is set to expire on October 31, 2022.
Last year, USCIS asked for public comments on whether it should make the remote verification policy permanent. USCIS has now followed up with a proposal that would allow continuation of the policy while stopping short of actually establishing a permanent remote verification process. Under the proposed rule, USCIS would have the authority to “extend flexibilities, provide alternative options, or conduct a pilot program” regarding remote I-9 documentation verification.
Members of the Center for Workplace Compliance (CWC) can read more here.