United States: DHS/USICE Proposal Under OMB Review to Provide Alternative to Physical Examination Associated with Form I-9 Verification

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.