DHS ANNOUNCES NEW ALTERNATIVE PROCEDURE FOR EMPLOYMENT ELIGIBILITY VERIFICATION

August 9, 2023

On July 21, 2023, the U.S. Department of Homeland Security (“DHS”) announced a rule to authorize an optional alternative procedure to allow certain participating employers that use E-Verify to examine an employee’s identity and employment authorization documents remotely.  Specifically, employers participating in E-Verify and who are in good standing will have the option to conduct verification of required Form I-9 documentation electronically and with a live video call interaction.  DHS noted that the update is intended to advance its mission of safeguarding the integrity of the employment eligibility verification process while recognizing that even post-pandemic, many employees continue to work remotely.  The new alternative procedure will become available for use on August 1, 2023.  DHS also published a new version of the Form I-9 employment eligibility verification form, that also becomes available for use starting August 1st.

If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622) or Drew Derco (dderco@eckertseamans.com 202-659-6665).

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Evelyn D. Sahr Photo Washington, D.C.

Evelyn D. Sahr

Member - Washington, D.C.

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Drew M. Derco Photo Washington, D.C.

Drew M. Derco

Member - Washington, D.C.

See full bio