Remote Work Verification Allowed for New Hires Under DHS Rule

Friday July 21, 2023
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.  

Related News

Processing Change for Certain Form I-730 Petitions

On January 12, 2018, USCIS changed the processing location for certain Form I-730, Refugee/Asylee Relative Petition, filings. Previously the Service Center Operations Directorate processed these filings. Now, the International Adjudications Support Branch (IASB) in the Refugee, Asylum, and International Operations Directorate will process the petitions filed by individuals who were admitted to the United States […]

Success Story: H-4 EAD Litigation

Attorney Mika B. Kozar, filed a lawsuit for a bank employee seeking a D.C. federal court to compel U.S. Citizenship and Immigration Services to address delays in his visa renewal application, saying the delays put him at risk of losing his job. The complaint said that the USCIS has unreasonably delayed renewing his visa and […]

How Trump is quietly rewriting US immigration policy

USCIS has just announced that they are now extending the suspension of CAP subject H-1B petitions all the way until February 19, 2019.