Under a new proposed rule, employers would have many more options when verifying employment eligibility using the I-9 Form.
While not yet finalized, the new rules envision a few fundamental changes to how employers have reviewed identification and completed the I-9 Form during the new hire process. The first, and most important, would allow employers to continue providing remote verification as an alternative to the traditional “in-person” mandate that has long been in place.
Updates To Form I-9
Permitting ongoing flexibility with the review and approval of I-9 using remote verification of identity documents (e.g., driver’s license, passport, etc.) as there has been during the COVID-19 pandemic, there is also the promise of a virtual review option being available on a permanent basis. However, the notice says any such proposal would be created under a separate set of regulations in the future.
Beyond the ongoing remote review process, the notice is seeking feedback on several other issues associated with the I-9 process such as:
- Reducing fraud, including how to identify fraudulent documents.
- Avoiding discrimination in the I-9 process with proposed mandatory anti-discrimination training for those collecting and reviewing identity documents.
- Protecting the privacy of employees, specifically to avoid potential misuse of information provided for identity theft.
The hope is that employers and employees will be better supported through a more efficient and flexible I-9 process than is currently in place. The expectation is that the final rules will be released in 2023.
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