Remote Work Verification Allowed for New Hires Under DHS Rule

Friday July 21, 2023
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Employers will get a permanent option for verifying employment eligibility remotely beginning Aug. 1 under new Homeland Security Department regulations. The rule was released Friday ahead of the Aug. 30 expiration of temporary, Covid-19 era flexibility for employment verification. Companies that have used that option for the past three years have scrambled in recent weeks to review documents in-person for employees hired remotely during the pandemic. The option will only be available to employers in good standing in the federal electronic E-Verify system, in part because DHS lacks data to assess the impact of I-9 flexibility during the pandemic. The regulations require participating employers to examine copies of I-9 documents within three days of a worker’s start date, have a live video interaction with the worker to ensure the documents appear to be genuine, and check a box on the I-9 form indicating a remote process was used. All hires must complete an I-9, regardless of immigration or citizenship status. Acceptable documents to establish identity and work authorization include a passport, permanent resident card, drivers license, or Social Security card—and employers must inspect those documents for authenticity. The new rule—set to be published in Federal Register July 25—only covers new employees hired after the option takes effect on Aug. 1 and won’t apply retroactively. It follows a 2021 executive order directing agencies to take actions that reduce administrative burdens and improve efficiency and effectiveness of government operations.   https://news.bloomberglaw.com/daily-labor-report/remote-work-verification-allowed-for-new-hires-under-dhs-rule  
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