How may employers enrolled in E-Verify use remote documentation verification when completing Form I-9?

​The Department of Homeland Security released a final rule on July 21, 2023, regarding Optional Alternatives to the Physical Documentation Examination Associated with Employment Eligibility Verification (Form I-9). While the ruling makes regulatory changes allowing the secretary of Homeland Security to create a framework for remote document examination for any employer, as of Aug. 1, 2023, only qualified employers, meaning those employers who are enrolled and participate in good standing in E-Verify, may do so at this time.

Qualified employers may still require physical review of I-9 documentation, but if they choose to allow remote verification, they should do so in a consistent manner and without unlawful discrimination.

For example:

• If a qualified employer chooses to offer the alternative procedure to new employees at an E-Verify hiring site, that employer must do so consistently for all employees at that site.
• A qualified employer may choose to offer the alternative procedure for remote hires only but continue to apply physical examination procedures to all employees who work onsite or in a hybrid capacity, so long as the employer does not adopt such a practice for a discriminatory purpose.

Under no circumstances can employers unlawfully discriminate, such as by deciding who is eligible for the alternative procedure based on a protected characteristic.

Procedure Requirements:

Within three business days of an employee's first day of employment, a qualified employer (or an authorized representative acting on the employer's behalf, such as a third-party vendor) who chooses to use the alternative procedure must:

1. Examine copies (front and back, if the document is two-sided) of Form I-9 documents or an acceptable receipt to ensure that the documentation presented reasonably appears to be genuine.
2. Conduct a live video interaction with the individual presenting the document(s) to ensure that the documentation reasonably appears to be genuine and related to the individual. The employee must first transmit a copy of the document(s) to the employer (per Step 1 above) and then present the same document(s) during the live video interaction.
3. Indicate on the Form I-9, by completing the corresponding box, that an alternative procedure was used to examine documentation to complete Section 2 or for reverification, as applicable.
4. Retain, consistent with applicable regulations, a clear and legible copy of the documentation (front and back, if the documentation is two-sided).
5. In the event of a Form I-9 audit or investigation by a relevant federal government official, make available the clear and legible copies of the identity and employment authorization documentation presented by the employee for document examination in connection with the employment eligibility verification process.