Last month, DHS announced E-Verify employers would be eligible to utilize an alternative remote document verification procedure when completing Section 2 of Form I-9, starting August 1, 2023. Only a few days later, DHS published a Federal Register notice requesting comments on a pilot program that would allow employers not enrolled in E-Verify to utilize remote examination procedures as well.

The proposed new rule would largely track the new rule for E-Verify employers, details of which are available here: DHS Announces Remote I-9 Document Procedure for E-Verify Employers | Burr & Forman LLP. Under the proposed rule, the pilot program is only available for employers with less than 500 employees. Interested participants must also complete an application.

The program could still change before implementation. DHS is seeking public comment on the program until October 2, 2023.  Employers seeking to submit comments can do so through the Federal eRulemaking Website at: https://www.regulations.gov/

Employers are typically required to physically examine Form I-9 documentation presented by a new employee and complete Section 2 of the form within three business days of the employee’s first day of employment. Historically, DHS has strictly required in-person physical inspection of I-9 documentation. The pilot program represents another move towards relaxation of the physical inspection requirement. It is still unclear when the pilot program might go into effect.

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