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proposed permanent virtual I9 document review | godoy law office immigration lawyers

Proposed Permanent Virtual I-9 Document Review

The United States Department of Human Services  (DHS) Immigration and Customs Enforcement (ICE) has proposed new rules to permanently allow employers to review Form I-9 identification documents remotely. This is according to a Notice of Proposed Rulemaking to be formally published on August 18, 2022. DHS and ICE require employers to review employment verification documents for new hires, whether they are Americans or foreign workers, to verify employment eligibility. Until recently, ICE required that all employers examine worker identification in person as part of completing Form I-9. ICE made changes during the Covid pandemic. They waived the requirement that employers review employment verification documents in person at the workplace. Now they authorized virtual I-9 document review for safety and security reasons.

ICE has requested a 60-day review period that would include input on several questions, including ways to

  • reduce fraud risk
  • avoid discrimination in the process
  • protect privacy

ICE is considering factors such as document retention requirements for remote examination, possible fraudulent document detection or anti-discrimination training requirements for employers, and whether or not only employers enrolled in E-Verify will be able to use the alternative procedures. Remote reviews would also help employers who are hiring remote workers.

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About I-9 Inspections

Employment verification is enforced by DHS by ICE agents or auditors who can conduct an inspection of a business for I-9 compliance. Employers are by law provided with at least 3 business days to produce the I-9 Forms. If DHS or ICE finds a technical or procedural violation, the employer is given 10 days to correct the violation.

Compliance with IRCA is mandatory whether you are hiring United States-born citizens, green card holders or other foreign workers. Errors or compliance documentation issues can result in serious fines or even imprisonment. An experienced immigration lawyer to help you with employee verification processes and procedures can protect you against liability and penalties.

Contact the experienced I-9 immigration attorneys at Godoy Law Office in Cook County and DuPage County today to start exploring your options through a private consultation at 630-912-0322


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