HUMAN RESOURCES FEATURE Navigating the Termination of DHS’s Form I-9 Flexibility: An Urgent Call for Employer Action

BOB BETHEL VP of HR & Learning Services

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The Urgency of Ensuring Compliance in Employment Screening

For employers across the United States, ensuring compliance in employment screening is a task of paramount importance. As providers of corporate intelligence, we comprehend the intricacies and challenges that such compliance presents. Today, we bring to your attention a pressing issue that requires your urgent attention: The forthcoming termination of the temporary flexibility granted to Form I-9, Employment Eligibility Verification, by the Department of Homeland Security (DHS).

In response to the COVID-19 pandemic, the DHS, in March 2020, introduced flexibility to the Form I-9 requirement allowing for remote document inspection. The move aimed to accommodate the shift towards remote work, ensuring both the safety of employers and employees and the continuity of business operations. After an update in March 2021, this temporary leniency has remained effective, providing respite for employers in these uncertain times.

Revising the Verification Process: The Imminent Change

However, the DHS has recently announced that from July 31, 2023, these flexibilities will cease, necessitating a return to the traditional practice of in-person document inspection for employment eligibility verification. What does this mean for you as employers? It implies that the onus is now on you to revise and reorient your employment verification processes, ensuring strict adherence to the updated guidelines.

Understandably, the thought of this transition may be daunting. You must physically re-inspect documents previously inspected remotely. This action must be completed by August 30, 2023, as stipulated by U.S. Immigration and Customs Enforcement (ICE). While this signals a significant shift from the more relaxed stance adopted during the pandemic, it’s crucial to remember that this change is central to preserving the integrity of the employment verification system.

Future Outlook: Balancing Compliance and Flexibility

While we navigate this imminent transition, we must recognize the broader perspective. The DHS, acknowledging the potential of remote work arrangements and technological advancements, introduced a Notice of Proposed Rulemaking last year. This proposed rule aims to establish alternative procedures permitting remote document examination in the Form I-9 process.

Such an innovation, if implemented, promises to strike a balance between the stringent requirements of employment eligibility verification and the need for flexibility in the face of evolving work trends. This rule is expected to be published as the Final Rule in the Federal Register soon, formalizing the proposed changes and marking a significant stride in the evolution of employment screening processes.

The Path Forward: Preparation and Proactivity

The end of Form I-9 flexibilities signifies a crucial transition back to the core principles of employment screening compliance. The path to ensuring a compliant working environment that effectively balances business continuity and immigration enforcement starts now. We urge you to take the necessary steps to prepare for this transition, recognizing its critical role in maintaining the sanctity of our labor market. With diligent preparation and a proactive approach, we can collectively work towards a smooth transition that upholds the integrity of our employment verification processes.

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