United States: DHS/USICE Proposal Under OMB Review to Provide Alternative to Physical Examination Associated with Form I-9 Verification
June 8, 2022
A Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE) proposed regulation entitled, “Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I-9),” is currently under review at the Office of Management and Budget (OMB). ICE plans to provide an alternative to the in-person inspection of identity and employment authorization documents in the Form I-9 employment eligibility verification process. The details of the proposed regulation are not yet known, but could include forms of remote inspection similar to those that have been temporarily in place due to the COVID-19 pandemic. OMB has 90 days to review the proposed I-9 rule, but could take less time. After OMB clearance, a proposed rule will be published in the Federal Register, followed by a public notice and comment period. After consideration of public comments, ICE will publish a final rule.
Relatedly, DHS accepted public comments until May 31, 2022 on its proposed extension and revisions to Form I-9, before it expires on October 31, 2022.
Fragomen is monitoring the progress of I-9 developments and will provide updates as appropriate.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Awards
Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.
Awards
Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.
Media mentions
Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.
Blog post
Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.
Fragomen news
Fragomen news
Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.
Blog post
Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.
Blog post
Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.
Video
Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.
Blog post
Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.
Video
Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.
Media mentions
Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.
Awards
Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.
Awards
Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.
Media mentions
Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.
Blog post
Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.
Fragomen news
Fragomen news
Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.
Blog post
Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.
Blog post
Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.
Video
Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.
Blog post
Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.
Video
Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.
Media mentions
Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.