United States: OMB Clears Review of DHS/USICE Proposal to Provide Alternative to Physical Examination Associated with Form I-9 Verification
August 10, 2022
The Office of Management and Budget (OMB) has completed review of 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).” The proposal has been under review since June 2022. 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 and will remain in place through October 31, due to the COVID-19 pandemic. Delayed from its July publication, Federal Register publication of the proposed regulation is the next step in the regulatory process and will be followed by a comment period during which the public may submit feedback on the agency’s proposal. 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.
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