October 19, 2022

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The Department of Homeland Security (DHS) sought public comments on a notice of proposed rulemaking that would allow it to change the Form I-9, Employment Eligibility Verification process. They requested comments until October 17th, 2022, and encouraged employers to provide comments regarding their take on the proposed changes.

The DHS’s notice of proposed rulemaking suggests creating a framework under which the DHS could implement pilot programs. Such programs would allow alternative verification options, develop emergency rules, and implement alternative procedures to in-person inspections once determining that they offer the same level of security.

The DHS requested that employers provide comments regarding any benefits and burdens associated with its proposed changes to the verification of identity and eligibility documents. These include:

• Eligibility for Alternative Verification Options: The DHS weighed options for which employers may prove eligible to avail themselves of alternative verification procedures. One of its proposed limits would be limiting such options to employers enrolled in and in good standing with the E-Verify system. Alternatively, the DHS suggested limiting employer access with previous subjections to fines, convictions, or settlements related to Form I-9 practices.
• Additional Training Requirements:The DHS has proposed adding training requirements for employers wishing to use an alternative verification option. These proposed training options include fraudulent document detection and anti-discrimination training. These may be between 30 to 60 minutes of online training.
• Retention of Documents:The DHS is considering requiring employers to retain copies of employees’ documentation. This suggestion is similar to the rules provided in its current temporary flexibilities, which will expire at the end of October 2022.
• Documentary Alterations to the Form I-9:The DHS is considering making changes to the Form I-9. Such changes include allowing employers and their agents to indicate when they use alternative procedures for examining employees’ documents. The DHS suggests adding a box on the form where an employer could make this indication.

The DHS also requested comments on any benefits or increased costs employers face from existing I-9 procedures and those they may face due to these proposed changes.

As these proposed changes show, regulations governing Form I-9 are continuously shifting. The best way for employers to remain current is to invest in an electronic Form I-9 management system. This system can provide employers with step-by-step guidance and retain forms and documentation securely and conveniently.

Streamline your hiring process with an automated employment eligibility verification and ensure compliance today with I-9 Compliance.

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