News & Analysis as of

Remote Working Department of Homeland Security (DHS)

Holland & Hart - Employers' Lawyers

Business Immigration – Looking Ahead to the 2024 H-1B Cap Lottery and Other Developments Employers Should Watch For

Over the past year the immigration landscape has been shaped by a myriad of factors including mass tech layoffs, the easing of COVID related travel restrictions, and changing employer attitudes regarding remote work.  As we...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Williams Mullen

Reminder: New Form I-9 Required Starting November 1, 2023

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The U.S. Department of Homeland Security (DHS) published the new edition of the Form I-9 and employers are required to use this new version starting on November 1, 2023....more

Perkins Coie

DHS Introduces Alternative Remote I-9 Verification Procedure and New Form I-9

Perkins Coie on

While recent changes to the I-9 process may affect select employers, the release of a new I-9 form will present changes to all employers. Qualifying employers are able to utilize an alternative verification procedure to...more

Miller Canfield

Form I-9 Flexibility Expiring July 31; DHS Announces Remote Inspection Option for Certain Employers

Miller Canfield on

On July 21, 2023, the Department of Homeland Security ("DHS") announced a new, alternative procedure that will allow certain employers to virtually inspect the identity and employment authorization documents presented by an...more

WilmerHale

I-9 Forms: Back to (In-Person) Basics, But with a New Exception

WilmerHale on

In March 2020, in response to the COVID-19 pandemic, the U.S. Department of Homeland Security (DHS) temporarily granted employers operating remotely due to the pandemic the flexibility to inspect employee I-9 documentation...more

Goodwin

DHS Ends Temporary Suspension of Form I-9 Physical Examination Requirements and Announces Alternative Verification Procedure and...

Goodwin on

On July 21, 2023, the U.S. Department of Homeland Security (“DHS”) announced multiple changes to the Form I-9 process. The changes narrow the circumstances in which employers may review I-9 documentation remotely....more

Bradley Arant Boult Cummings LLP

DHS Announces New Remote Form I-9 Procedure, New Edition of Form I-9

This week, the Department of Homeland Security (DHS) issued a new final rule on the Form I-9 process. Under the new rule, the DHS Secretary may authorize alternative Form I-9 documentation examination procedures that do not...more

Miles & Stockbridge P.C.

DHS Announces New Remote I-9 Examination Policy for E-Verify Employers

COVID-19-related temporary flexibilities for Form I-9 end July 31, and employers face the daunting task of completing in-person physical document inspections for employees whose documents were inspected remotely by Aug. 30....more

Ballard Spahr LLP

E-Verify Users Now Permanently Able to Verify Employment Eligibility Remotely

Ballard Spahr LLP on

As part of a final rule published on July 25, 2023, and in connection with its newly published Form I-9 (which employees may use after August 1), certain employers will be able to permanently verify an employee’s employment...more

Dorsey & Whitney LLP

Department of Homeland Security, Immigration and Customs Enforcement Reverses Course on Remote I-9 Verification and Issues New...

Dorsey & Whitney LLP on

As we previously wrote, in May, the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) announced an end to employers’ ability to remotely inspect I-9 documents (an accommodation made during the...more

Proskauer - Law and the Workplace

DHS Rule Will Permit Remote I-9 Authorizations on a Permanent Basis

The United States Department of Homeland Security (“DHS”) has issued a final rule that will permit certain employers to remotely verify I-9 employment authorization documents on a permanent basis beginning August 1, 2023....more

Guidepost Solutions LLC

Summer Doldrums? Not for Human Resources Teams and I-9s!

I don’t think the word “doldrums” is used very much anymore, but I do remember it vividly from when I was a child. It was predominantly used in connection to the lazy hazy days of summer when things were hotter than heck and...more

Amundsen Davis LLC

August 1st – New Form I-9 Version and Permanent Option for Remote Verification of Employees for Employers Using E-Verify

Amundsen Davis LLC on

On August 1st, United States Citizenship and Immigration Services (USCIS) will publish the new Form I-9 for employers to use to confirm a new employee’s authorization to work in the United States. Employers are encouraged to...more

Fox Rothschild LLP

I-9 Alert! New Form I-9 and New Remote Verification Procedure for E-Verify Employers

Fox Rothschild LLP on

On July 21, 2023, DHS announced a new edition of Form I-9 along with a new rule permitting certain employers to conduct remote inspection of the documents used in the Form I-9 employment eligibility verification process. The...more

Cozen O'Connor

New Form I-9 and Policy Changes

Cozen O'Connor on

On Tuesday, July 25, 2023, U.S. Citizenship and Immigration Services (USCIS) will be issuing a new version of Form I-9, Employment Eligibility Verification. Form I-9 with a version date of (Rev. 08/01/23) will be available...more

Roetzel & Andress

In-Person Burden on Remote Workplaces: Physical I-9 Document Re-Inspections Required by August 30, 2023

Roetzel & Andress on

Since the late 1980s, U.S. employers have been required to verify employment eligibility of new hires by filling out Form I-9 within three business days of hire. Until March 2020, this process involved physical inspection of...more

Lippes Mathias LLP

U.S. Immigration Site Visits Challenging for Remote Working L-1 Intracompany Transferees

Lippes Mathias LLP on

U.S. Citizenship and Immigration Services (USCIS) site visits are challenging for employers and beneficiaries who work in the U.S. in L-1 Intracompany Transferee status. At these visits, U.S. government officials flash badges...more

Holland & Hart - Employers' Lawyers

Recertifying I-9 Forms Processed Under COVID Flexibilities

Sarah Bileti By Sarah Bileti Question:  We are recertifying I-9 Forms that were processed under the COVID exception. Since our workforce is primarily remote, can we alter the form to allow for electronic signatures?...more

Quarles & Brady LLP

Sunsetting of Form I-9 Flexibilities

Quarles & Brady LLP on

The Department of Homeland Security (DHS) recently announced the termination of temporary Form I-9 flexibilities that were put into place in response to challenges of in-person document examination during the COVID-19...more

Greenberg Glusker LLP

The DHS Presses “Pause” on I-9 Remote Controls: How Employers Should Navigate the End of the Road for Remote Verification of...

Greenberg Glusker LLP on

Historically, employers were legally required to conduct an in-person inspection of I-9 Section 2 documents (e.g., an employee’s passport, driver’s license, and/or social security card) to verify an employee’s identity and...more

Weintraub Tobin

Deadline Approaching: Form I-9 Virtual Inspection of Employment Authorization and Identity Documents will End on July 31, 2023

Weintraub Tobin on

Employers with remote workforces should take note that they will need to begin physically inspecting new hires’ I-9 documentation again as of August 1, 2023 – and they will need to conduct a physical inspection of employees’...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

I-9 Compliance Flexibility to End on July 31, 2023; Employers Have Until August 30, 2023, to Physically Inspect I-9 Documents

U.S. Immigration and Customs Enforcement (ICE) has announced that the temporary COVID-19 accommodations for Form I-9, Employment Eligibility Verification, will expire on July 31, 2023. Employers that have been relying on the...more

Womble Bond Dickinson

DHS Ending Flexibilities that Permit Employers to Remotely Verify Documentation for New Hires

Womble Bond Dickinson on

U.S. Citizenship and Immigration Services (USCIS) has announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. Effective since...more

Constangy, Brooks, Smith & Prophete, LLP

Virtual I-9 inspections will end July 31, in-person “make-up” inspections must be completed by August 30

As expected, the U.S. Department of Homeland Security announced last week that the COVID-19 temporary flexibilities for Form I-9, which allowed for virtual inspections, will not be extended and will end on July 31. ...more

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