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DHS/USICE RIN: 1653-AA86 Publication ID: Fall 2022 
Title: 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.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 274a     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1101, 1103   
Legal Deadline:  None

Statement of Need:

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. 

Anticipated Costs and Benefits:

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.

Action Date FR Cite
NPRM  08/18/2022  87 FR 50786   
NPRM Comment Period End  10/17/2022 
Final Rule  05/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Sharon Hageman
Deputy Assistant Director
Department of Homeland Security
U.S. Immigration and Customs Enforcement
500 12th Street SW, Mail Stop 5006,
Washington, DC 20536
Phone:202 732-6960