Virtual Form I-9 Verification Policy Could Become Permanent

Employers may be allowed to use technology to virtually verify their employees’ U.S. work eligibility. A proposal suggests the use of email or video or other remote technologies become a permanent option for employers. Originally, the U.S. Department of Homeland Security (DHS) provided for remote verification for the Form I-9 due to the COVID-19 pandemic where business moved online. These flexibilities, however, are being considered a permanent option as more employees move to remote or hybrid work locations.

DHS cites recent research that found over 60% of individuals who have companies with physical offices which are open are choosing to work remotely. Subsequently, DHS is responding to these changes in physical work locations. With the option to verify work eligibility, employees may save the cost of travel to a company office for verification. It may also increase the availability of employees who are not able to easily travel to a specific location for verification.

Responses to feedback requests on the remote Form I-9 verification process have been positive. However, it’s important to emphasize that there will not be any new remote verification programs. Rather, it will provide DHS the option to consider and choose alternative means of verification.

DHS has asked the public to provide their feedback on how businesses may be able to virtually verify Form I-9 documents, and what training may be required to easily identify fake documents. Comments are also encouraged to help determine employment eligibility requirements for remote verification. One potential point is to limit employer eligibility for the virtual Form I-9 document verification to those who are in good standing with E-verify currently. Employers who are not in good standing, such as those who have been fined or had an issue settled, may be considered ineligible.

If you have questions about the virtual Form I-9 verification process or any other immigration-related issue, contact us at ILBSG. Our experienced team of attorneys works with our clients to ensure they get the right advice in their particular situations.