As automobile manufacturers continue to navigate remote work decisions, employers should remain cognizant of onboarding process and document retention implications due to the possibility of virtual or alternative Form I-9 document examination.
On August 18, 2022, the Department of Homeland Security proposed a rule that considers virtual alternatives to verifying and/or examining Form I-9 documentation. The Department cites remote work arrangements as the need for the proposed change.
Prior to COVID-19, the Immigration Reform and Control Act required employers to physically examine documentation related to identity and employment authorization within three days of an employee’s first day of employment. On March 20, 2020, due to the COVID-19 pandemic, ICE allowed employers to examine a remote employee’s Form I-9 documents through video, fax, or email. ICE extended these virtual options with the latest extension set to expire on October 31, 2022.
Now, the Department proposes permanent changes to the Form I-9 process to account for remote workforces; however, the rule does not specifically authorize virtual examination. Instead, the proposed rule allows the Secretary to adopt these virtual, alternative procedures through a pilot program, only in the event of a public health emergency or national emergency (as specifically defined) and/or only as to certain employers.
The Department is considering the following:
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