Mitch Wexler Discusses Proposed Regulation Permitting Alternatives to In-Person Document Verification with The Times of India
August 18, 2022

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In this article published by The Times of India, Partner Mitch Wexler discusses the US Department of Homeland Security's (DHS) proposed regulation that would permit alternatives to the in-person verification of identity and employment eligibility documents during the Form I-9 process.
All US employers are required to complete this form for each new hire in America and verify the genuineness of the hire's submitted documents.
"At the onset of the Covid-19 pandemic in March 2020, the DHS, through the US Immigration and Customs Enforcement, temporarily relaxed its enforcement of the usual requirement that employers must physically inspect identity and work authorization documents presented during the I-9 process. Instead, it permitted employers to review documents by video, fax or email, provided they retained copies of the documents," Mitch says.
This relaxation is currently set to expire on October 31, 2022, with a possibility of further extension. The proposed regulation would give the DHS the ongoing authority to permit accommodations to in-person document inspection.
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