Notice2023-16589
Agency Information Collection Activities; New Information Collection; Comment Request; Non-E-Verify Remote Document Examination Pilot 1
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 3, 2023
Issuing agencies
Homeland Security DepartmentU.S. Immigration and Customs Enforcement
Abstract
The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) invites the public to comment upon this proposed new collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the Federal Register to obtain comments regarding all aspects of the information collection, the categories of respondents, the estimated burden (e.g., the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.
Full Text
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<title>Federal Register, Volume 88 Issue 148 (Thursday, August 3, 2023)</title>
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[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Notices]
[Pages 51338-51340]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16589]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
[OMB Control Number 1653-NEW; Docket ID ICEB-2023-0007]
Agency Information Collection Activities; New Information
Collection; Comment Request; Non-E-Verify Remote Document Examination
Pilot 1
AGENCY: Immigration and Customs Enforcement, Department of Homeland
Security.
ACTION: 60-Day notice.
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SUMMARY: The Department of Homeland Security (DHS), U.S. Immigration
and Customs Enforcement (ICE) invites the public to comment upon this
proposed new collection of information. In accordance with the
Paperwork Reduction Act (PRA) of 1995, the information collection
notice is published in the Federal Register to obtain comments
regarding all aspects of the information collection, the categories of
respondents, the estimated burden (e.g., the time, effort, and
resources used by the respondents to respond), the estimated cost to
the respondent, and the actual information collection instruments.
DATES: Comments are encouraged and will be accepted until October 2,
2023.
ADDRESSES: All submissions received must include the OMB Control Number
1653-NEW in the body of the correspondence, the agency name and Docket
ID ICEB-2023-0007. Submit comments via the Federal eRulemaking Portal
website at <a href="https://www.regulations.gov">https://www.regulations.gov</a> under e-Docket ID number ICEB-
2023-0007.
FOR FURTHER INFORMATION CONTACT: Sharon Hageman, Deputy Assistant
Director, Office of Regulatory Affairs and Policy, U.S. Immigration and
Customs Enforcement, Department of Homeland Security, telephone number
202-732-6960 (This is not a toll-free number. Comments are not accepted
via telephone message.)
SUPPLEMENTARY INFORMATION:
Background
Section 274A of the Immigration and Nationality Act (INA), as
amended, prohibits the knowing employment of
[[Page 51339]]
unauthorized individuals and the hiring of individuals without first
verifying their employment authorization and identity. Section 274B of
the INA prohibits employment discrimination based on citizenship,
immigration status, and national origin, in hiring, firing, and during
the employment eligibility verification process. All employers must
examine the documentation presented by individuals seeking to establish
identity and employment authorization for the purpose of completing the
Form I-9, Employment Eligibility Verification (Form I-9). On July 25,
2023, DHS published a final rule, Optional Alternatives to the Physical
Document Examination Associated with Employment Eligibility
Verification (Form I-9). 88 FR 47990. Under the rule, the Secretary of
Homeland Security (the Secretary) may, as an optional alternative to
the in-person physical document examination (physical examination)
method employers have followed as part of the Form I-9 process set
forth in current regulations, consistent with applicable law and via
notice published in the Federal Register, authorize alternative
documentation examination procedures. The Secretary may authorize
alternative documentation examination procedures with respect to some
or all employers as part of a pilot program, or upon a determination
that such procedures offer an equivalent level of security, or as a
temporary measure to address a public health emergency declared by the
Secretary of Health and Human Services (pursuant to Section 319 of the
Public Health Service Act) or a national emergency declared by the
President (pursuant to Sections 201 and 301 of the National Emergencies
Act). To date, the Secretary has authorized one alternative procedure
under the rule, upon a determination that such procedure offers an
equivalent level of security. 88 FR 47749. This Notice seeks comment on
a potential pilot procedure under the rule.
Proposed Pilot
Through the Non-E-Verify Remote Document Examination Pilot 1
(Pilot), ICE seeks to identify the potential effects of a specific
Pilot procedure on the security of the employment verification system.
ICE will evaluate a range of potential effects on system integrity,
(such as error or fraud rates and discrimination, between physical
examination of the Form I-9 documents and remote examination pursuant
to the Pilot procedure. The Pilot procedure would resemble the
authorized alternative procedure identified above (including with
respect to remote document inspection, document retention, optionality,
and protections against discrimination). The Pilot procedure would not,
however, be available to E-Verify employers, because DHS has authorized
an alternative procedure involving the use of E-Verify. The Pilot may
be open to most employers but limited to employers below a specified
size threshold (e.g., 500 employees).
This information collection would involve a form to be completed by
employers requesting to participate in the Pilot. ICE would regularly
\1\ request feedback data (e.g., number of new hires, number of
employees who requested to have a physical inspection, challenges
associated with the Pilot procedure) from participating employers.
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\1\ The burden estimate below assumes two requests annually per
participating employer.
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Participating employers would be required to examine and retain
electronic copies that are clear and legible of all supporting
documentation provided by individuals seeking to establish identity and
employment authorization for the Form I-9 process. Employers may be
required to undertake other measures to improve the security of the
Pilot procedure. For instance, participating employers may be required
to undertake fraudulent document detection and anti-discrimination
training. In addition, for those employees who work onsite (i.e., at
the same physical worksite as a supervisor or the official completing
the Form I-9) or in a hybrid capacity, the employer may be prohibited
from using the pilot procedure, or provided a timeframe, following the
initial remote document examination, during which to physically examine
the employee's Form I-9 documents and compare such documents to the
copies on file.
The INA specifically authorizes DHS, the Immigrant and Employee
Rights Section of the Department of Justice's Civil Rights Division,
and the Department of Labor to inspect Forms I-9, including any copies
of employee documents retained with the corresponding Form I-9.\2\
Pilot participants, like all employers, would be subject to audits and
investigations. DHS would monitor and evaluate data and information
from ICE audits conducted to assess any measurable impacts to system
integrity between the employers that use the alternative procedure and
those that continue with physical document inspection.
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\2\ See 8 U.S.C. 1324a(b)(3).
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Comments
You may access the information collection instrument with
instructions or additional information by visiting the Federal
eRulemaking Portal site at: <a href="https://www.regulations.gov">https://www.regulations.gov</a> and entering
ICEB-2023-0007 in the search box. All submissions will be posted,
without change, to the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and will include any personal information you
provide. Therefore, submitting this information makes it public. You
may wish to consider limiting the amount of personal information that
you provide in any voluntary submission you make to DHS. DHS may
withhold information provided in comments from public viewing that it
determines may impact the privacy of an individual or is offensive. For
additional information, please read the Privacy Act notice that is
available via the link in the footer of <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Written comments and suggestions from the public and affected
agencies concerning the proposed collection of information should
address one or more of the following four points:
(1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses).
As part of this feedback, DHS welcomes and will consider input on
all aspects of the pilot's potential terms and conditions, as described
above.
Overview of This Information Collection
(1) Type of Information Collection: New Collection.
(2) Title of the Collection: Non-E-Verify Remote Document
Examination Pilot 1.
(3) Agency form number, if any, and the applicable component of the
Department of Homeland Security sponsoring the collection: New ICE
Form; ICE.
[[Page 51340]]
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Respondents will be employers in the public,
private, and not-for-profit sectors, who volunteer to participate in
the pilot. These employers will submit responses to the New ICE Form.
Up to twice a year, ICE may request feedback data (e.g., number of new
hires, number of employees who requested to have a physical inspection,
challenges associated with the Pilot procedure) from participating
employers. A subset of the employers may take undertake fraudulent
document training. Finally, employers participating in the Pilot must
retain records as stipulated by the terms of the Pilot.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond:
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Number of
Number of annual Number of Time per Average
Collection type respondents responses per annual response annual hours
respondent responses (hours)
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Questionnaire................... 100,000 0.333 33,333 0.5 16,667
Feedback Data................... 100,000 2 200,000 0.5 100,000
Training........................ 50,000 1 50,000 2 100,000
Document Retention.............. 100,000 10 1,000,000 0.083 83,333
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Average Annual Hours........ .............. .............. .............. .............. 300,000
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(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 300,000 hours.
(7) An estimate of the total public burden (in cost) associated
with the collections: There are no capital costs or operating and
maintenance costs associated with this collection of information. The
information for this collection may be submitted and retained
electronically.
Sharon Hageman,
Deputy Assistant Director, Office of Regulatory Affairs and Policy,
U.S. Immigrations and Customs Enforcement, Department of Homeland
Security.
[FR Doc. 2023-16589 Filed 8-2-23; 8:45 am]
BILLING CODE 9111-28-P
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</html>Indexed from Federal Register on August 3, 2023.
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