Form I-9: Remote Verification for Certain Employers

​Qualified E-Verify users in good standing now have the option to verify I-9 forms remotely, but how to document compliance isn't clear. Employers should avoid overdocumentation, legal experts caution. In addition, employers choosing to record video verification sessions or take screenshots of the documents shared over video chat should inform employees in advance and get their consent to do so. But recording the video chat may not be necessary.

How to Document Remote Verification of I-9s
SHRM | Sep 2023

Remote Verification of I-9s Becoming Available for Qualified E-Verify Users
SHRM | Jul 2023

Read the Final Rule

How may employers enrolled in E-Verify use remote documentation verification when completing Form I-9?
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FAQs Regarding Updates to Form I-9, End of COVID-19 Flexibilities, and Virtual Document Verification for E-Verify Employers
SHRM | Aug 2023

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Law Firm Articles

While the Government is well intended, the new I-9 and the remote verification process are still fraught with confusion and challenges for employers across the U.S. This article provides some clarity for busy employers to help them remain in compliance.
DHS Releases New Form I-9 and Video Verification Procedure: Guidance and Checklists for Busy Employers
Sheppard Mullin | Aug 2023

DHS authorized is an option for qualified E-Verify employers to remotely examine identity and work authorization documents beginning on August 1. Qualified E-Verify employers are those employers who are in good standing with E-Verify, have enrolled in E-Verify with respect to all hiring sites that use the alternative procedure, and comply with all E-Verify requirements.
All Employers Must Soon Use New I-9 Form – And E-Verify Users Get Remote Verification Flexibility
Fisher Phillips | Jul 2023

USCIS guidance states that if an employee is unable or unwilling to participate in the alternative procedure, they should be allowed to submit their documentation for in-person review per standard procedure.
DHS Announces New I-9 Form and New Limited Remote I-9 Verification
Schwabe | Jul 2023

This article includes a chart which provides a breakdown of the options and obligations of employers that are enrolled in E-Verify and those that are not E-Verify users.
DHS Updates Form I-9 and Announces Flexible Alternatives to the Employment Eligibility Verification Process for E-Verify Participants
Kramer | Jul 2023

Employers that utilize the remote verification process should do so consistently for all employees at a worksite. That said, employers may opt to use the remote procedure for employees who work remotely while maintaining in-person document inspection for all on-site and hybrid employees. This practice should be consistent throughout all eligible worksites.
DHS Announces New Form I-9 and Remote Inspection Option Designed to Modernize I-9 Process for Employers
Bowditch | Jul 2023

In deciding how to utilize the method, a qualified employer cannot use it for any discriminatory purpose or to treat employees differently based on a protected characteristic. As part of this new procedure, qualified employers and their employees who manage and create cases through E-Verify are required to take a training that covers antidiscrimination and fraud awareness.
COVID-19 Flexibilities Come to an End and Other I-9 Changes
Maynard | Jul 2023

As most employers will readily agree, remote work—in some form or fashion—is here to stay. Given this new reality, employers who have not already enrolled in the E-Verify program should consider doing so to take advantage of the alternative procedure for verification of employment eligibility, and to avoid the inconvenience of in-person, physical examinations.
Modernized I-9 Compliance
Hirsch | Jul 2023

Related Reading

DHS Advances Remote I-9 Document Pilot Program for Non-E-Verify Employers
Burr | Aug 2023