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Request for Public Input: Remote Document Examination for Form I-9, Employment Eligibility Verification

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Due to the pandemic, DHS is seeking public input on its proposed modifications for employers when reviewing I-9 employment eligibility documents:

The Department of Homeland Security (DHS) is seeking comments from employers, employer organizations, employee groups, and other members of the public on document examination practices for Form I-9, Employment Eligibility Verification.

On March 20, 2020, DHS announced flexibility in complying with certain requirements related to the Form I-9 due to COVID-19. Specifically, DHS announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Form I-9 under section 274A of the Immigration and Nationality Act. Because of ongoing precautions related to COVID-19, DHS extended the Form I-9 requirement flexibilities through Dec. 31, 2021.

Today, DHS published a Request for Public Input (RPI) to the Federal Register seeking input on employers’ and employees’ experiences with this process and to examine the impacts of remote document examination conducted during the COVID-19 pandemic. We seek feedback from any interested parties, including employer and employee groups such as trade groups or associations, employment recruitment and referral organizations, organizations specializing in employee onboarding, employees, researchers, and policy experts. DHS especially seeks to understand the potential costs and benefits of allowing for future remote document examination flexibilities.

USCIS is committed to providing all stakeholders with opportunities to share meaningful feedback. We encourage you to take advantage of this opportunity.

To Submit Comments
You may submit comments, identified by docket number USCIS-2021-0022, through All written comments are requested on or before December 27, 2021. Comments submitted in a manner other than the one listed above, including emails or letters sent to DHS or USCIS officials, may not be reviewed by DHS.

This article is provided as an educational service and is not legal advice. Consult with an attorney for your specific circumstances.  For a comprehensive evaluation of your immigration situation and options, you are invited to call us at 214-393-4917, text us using our chat box, or complete our contact form.

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