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A Proposed Virtual I-9 Document Review From ICE

On August 18th, a proposed rule from Immigration and Customs Enforcement (ICE) could give employers more options when reviewing I-9 documents submitted by new hires. One of these options could allow the permanent ability to review Form I-9 documents remotely.

Should this rule get finalized, it would create a framework under which the U.S. Department of Homeland Security could “pilot various options, respond to emergencies similar to the COVID-19 pandemic, or implement permanent flexibilities upon a specific determination as to the level of security, including, but not limited to, fraud risk.” Following this proposed rule, there will be a 60-day comment period. A comment period is the range of time the public has to submit input before an agency makes a final decision on a proposed rule.

Previous I-9 Review Process

Before the proposed rule, ICE required all employers to examine worker identification in person as part of the Form I-9 completion process. As an employer, businesses would often contract with a third party to review these documents if you had employees who worked from a different location. Recently, ICE allowed remote review for some employers due to the COVID-19 pandemic. While this is still in place, employers must follow up with an in-person inspection.

A Work In Progress 

Due to the lengthy federal rulemaking process, there are still a few questions that need to be answered. The agency is requesting input on several concerns from employers that include:

  • Ways to reduce fraud
  • How to avoid discrimination 
  • Considering various document requirements applicable to the remote examination 
  • Detection of fraudulent document detection or antidiscrimination training requirements for employers
  • Will employers enrolled in E-Verify be able to use alternative procedures 

Since the beginning of COVID-19, many employers have opted for remote review options. However, they are requesting to improve remote examination methods.

I-9 Review Made Easy

At GMS, we provide our clients with paperless onboarding, benefits enrollment, payroll, and employee training to help your new employee get acclimated and set up for success. As a business owner, you understand the extensive amount of time it takes to onboard a new hire. Implementing our streamlined onboarding process allows your team to be easily guided through each step. Simplify the hiring process, and let GMS make it easy. Contact us today to learn more.