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DHS To End Covid-Related Work Authorization Verification Flexibilities

The U.S. Department of Homeland Security announced recently that it will be ending the work authorization verification flexibilities the agency put in place to allow many employers to defer the physical examination of identity and work authorization documents of their new hires.

Federal law, at 8 U.S.C. 1324a(a)(1)(B), requires employers to verify the work authorization of their new hires by completing the Form I-9 and examining documents establishing both the worker's employment authorization and identity.

DHS initially applied this guidance only to employers and workplaces that were operating entirely remotely, but has extended remote document verification flexibilities for any recent hire who worked exclusively in a remote setting due to Covid-19-related precautions, regardless of whether the workplace was operating entirely remotely.

DHS is expected to publish a new regulation this summer that would provide permanent authorization to the secretary of Homeland Security to modify the work authorization verification process.

CIS strongly recommends that DHS modernize the work authorization verification process by requiring all employers to use E-Verify.

The E-Verify system provides employers with a quick, simple, and accurate way to verify the work authorization of new hires using an online system maintained by DHS and the U.S. Social Security Administration.

At a minimum, DHS should make E-Verify participation a prerequisite for any employer seeking to use an alternative work authorization procedure, such as remote document inspection, authorized by this or any future rulemaking.

https://cis.org/Jacobs/DHS-End-CovidRelated-Work-Authorization-Verification-Flexibilities  

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