On August 18, 2022, the Department of Homeland Security (DHS) published a Proposed Rule titled Optional Alternatives to the Physical Document Examination Associated With Employment Eligibility Verification (Form I-9). The Proposed Rule would formalize the authority of the Secretary of Homeland Security to extend certain COVID-19 rules permitting remote inspection of employee documents presented for the Form I-9 and further explore alternative options to physical document examination procedures in the future. The Proposed Rule comes on the heels of the shift to remote working and hybrid schedules that have become increasingly common. DHS is accepting comments from the public on the Proposed Rule until October 17, 2022.
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