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Wednesday, October 7, 2026

ICE seeks permanent remote I-9 document review - HR Dive

Dive Brief:

  • The federal government has moved to permanently allow employers to review Form I-9 identification documents remotely, according to a Notice of Proposed Rulemaking to be formally published Aug. 18.
  • If finalized, the rule would create a framework under which the U.S. Department of Homeland Security could “pilot various options, respond to emergencies similar to the COVID-19 pandemic, or implement permanent flexibilities upon a specific determination as to level of security, including, but not limited to, fraud risk.” Additionally, the agency proposed a change to Form I-9 that would have an employer indicate whether it inspected the documents remotely.
  • The agency has requested input on several questions, such as ways to reduce fraud risk, avoid discrimination in the process and protect privacy. For example, it asked whether employers should be required to retain copies of documents inspected remotely, and whether the remote-inspection option should be limited to employers that use E-Verify. Beginning tomorrow, stakeholders can review the proposed regulations and comment on them at Regulations.gov for 60 days using code ICEB 2021-0010.

Dive Insight:

Until recently, DHS’ U.S. Immigration and Customs Enforcement required that all employers examine worker identification in person as part of completing Form I-9. For new hires far from an employer’s location, businesses often would contract with a third party to review these documents.

As the early weeks of the...



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