1653-AA86 202210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1653 U.S. Immigration and Customs Enforcement USICE 1600 Department of Homeland Security DHS Optional Alternative to the Physical Examination Associated With Employment Eligibility Verification (Form I-9)

On August 18, 2022, DHS published a proposed rule that would revise employment eligibility verification regulations to allow the Secretary to authorize alternative document examination procedures in certain circumstances or with respect to certain employers. DHS explained that future exercises of such authority may reduce burdens on employers and employees while maintaining the integrity of the employment verification process. DHS will complete this rulemaking following review of public comments received.  This rulemaking is consistent with Executive Order 14058, which directs agencies to take actions that improve service delivery and customer experience by decreasing administrative burdens, enhancing transparency, and improving the efficiency and effectiveness of government.

]]> Other Significant Previously Published in The Unified Agenda Final Rule Stage No No 8 CFR 274a 8 U.S.C. 1101, 1103 Yes

DHS is exploring alternative options for examining employees’ identity and employment authorization documents because of lessons learned during the COVID-19 pandemic, and because more employers are adopting telework and remote work arrangements as a result of advances in technology and new work arrangements where more employees work without physically reporting to a company location on a regular basis. 

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DHS proposed allowing the Secretary to authorize alternative options for document examination procedures with respect to some or all employers when they are hired, have their employment authorization reverified, or rehired, as part of a pilot program, or as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services or a national emergency declared by the President. The rule does not itself implement an alternative procedure to physical examination, therefore DHS is unable to fully quantify the potential impacts due to a lack of information about the specifics of a possible future alternative procedure. DHS proposed changes to the Form I-9, Employment Eligibility Verification, and its accompanying instructions that would allow employers to indicate that alternative procedures were used (should such alternative procedures be authorized in the future). These changes would increase the time for employers to complete the form.

]]> NPRM 08/18/2022 87 FR 50786 NPRM Comment Period End 10/17/2022 Final Rule 05/00/2023 No None No Undetermined http://www.regulations.gov http://www.regulations.gov No No Sharon Hageman Deputy Assistant Director 1653 U.S. Immigration and Customs Enforcement USICE 202 732-6960 ice.regulations@ice.dhs.gov 500 12th Street SW, Mail Stop 5006, Washington DC 20536