USCIS U-Turn to Remote I-9s
After telling employers no remote I-9s, DHS now says remote I-9s are allowed under certain conditions. After the announcement, relieved Mdivani clients who registered for E-Verify continue to use remote I-9s after USCIS reversed course again and applied a more sensible approach to I-9 administration, namely: if the employer is an E-Verify user in good standing, the employer may continue to examine documents and administer I-9s by electronic means.
Questions remain
Questions remain regarding the I-9s administered electronically prior to July 31, 2023 because USCIS has issued conflicting instructions as to whether employers should physically inspect them.
For example, new USCIS instructions say "If you previously used fax, email, or a live video interaction during the COVID-19 flexibilities to examine your employee’s documents, you must conduct a live video interaction by August 30, 2023"
This obviously is clear as mud - What Should Employers Do?
Employers should analyze the situation and decide how to proceed. Whether or not to worry about that depends on several factors:
Whether USICS will read its own instructions and issue clear instructions in the future;
Status of corporate immigration compliance for a specific employer, and
Employers' appetite or lack thereof for risk taking while dealing with USCIS and ICE.
Meanwhile, we will continue to update Mdivani clients on further developments on this issue.
Resources: Corporate Immigration Compliance Institute
Mdivani Business Immigration Lawyer
