Professional Service Agreement

Proposed I-9 Rule Opens Door for Virtual Inspection

August 24, 2022

The U.S. Department of Homeland Security (DHS) announced its first proposed rule on the Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9).The proposed rule does not include a detailed plan for virtual inspection of Form I-9. Instead, the proposed rule would “formalize the authority for the Secretary to extend flexibilities, provide alternative options or conduct a pilot program to further evaluate an alternative procedure.” This is significant as it signals the administration’s openness to formalize COVID-19-era flexibilities and permit permanent remote inspection of employee identification and employment authorization documentation.