{"id":395168,"date":"2026-04-14T12:17:29","date_gmt":"2026-04-14T17:17:29","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=395168"},"modified":"2026-04-14T04:44:00","modified_gmt":"2026-04-14T09:44:00","slug":"remote-form-i-9-verification-process-after-august-2023","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/remote-form-i-9-verification-process-after-august-2023.html","title":{"rendered":"Remote Form I-9 Verification Process After August 2023"},"content":{"rendered":"\n
\n

Remote Form I-9 Verification Process After August 2023<\/h1>\n\n
\n
\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last updated\n
\n

Editorial Note: We earn a commission from affiliate partner links on FindLaw. Commissions do not affect the editorial integrity of our legal content.<\/p>\n\n <\/div>\n \n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n

I-9 verification is used by employers to confirm newly hired employees’ identity and authorization to work in the United States. Changes to the I-9 verification process add \u201calternative procedures\u201d that allow employers to use live video systems to check physical documents.<\/p>\n\n <\/div>\n\n\n\n

As part of a hiring or onboarding<\/span> process, employers must verify their new hires<\/span>\u2019 identity and right to work in the United States. This is typically done onsite<\/span> during the employee\u2019s first day of employment<\/span>. However, with the rise of remote employees<\/span>, there is an alternative procedure<\/span> to handle employment eligibility verification<\/span>.<\/p>\n

Onsite<\/span> I-9 Verification Process<\/span><\/h2>\n

The traditional verification process<\/span> is in-person<\/span> and is handled as follows:<\/p>\n

    \n
  1. \n

    The new hire<\/span> completes an I-9 form on their first day of work<\/span>. They must enter their name, address, and date of birth, and confirm that they are allowed to work in the U.S.<\/p>\n<\/li>\n

  2. \n

    The new hire<\/span> must show employment authorization documents<\/span> such as a passport, driver\u2019s license plus a Social Security card, or other identification on a List A<\/span>, B, or C of acceptable documents<\/a> provided by the U.S. Citizenship and Immigration Services<\/span> (USCIS<\/span>) within three business days<\/span>.<\/p>\n<\/li>\n

  3. \n

    The employer then conducts a physical examination<\/span> of the documents and completes the form. They keep the forms and copies of the documents<\/span> on file in the event of a government audit.<\/p>\n<\/li>\n<\/ol>\n

    The U.S. Department of Homeland Security<\/span> (DHS<\/span>) and the Social Security Administration (SSA) have an E-Verify<\/span> system<\/a> as a way for an employer to perform the I-9 verification online. Employers enrolled in E-Verify<\/span> and in good standing<\/span> may use the E-Verify<\/span> system. If you have a large company, all hiring sites<\/span> should enroll<\/span> in the E-Verify<\/span> system.<\/p>\n

    Remote I-9 <\/span>Verification<\/span> Process<\/span><\/h2>\n

    During the pandemic<\/span>, there were COVID-19 flexibilities<\/span> to process form <\/span>I-9<\/span> documents<\/span> and conduct remote verifications<\/span>. These changes were then added to the Form I-9<\/span> published in August 2023. On this updated form, there is a checkbox to use an \u201calternative procedure<\/span>,\u201d which allows an authorized representative<\/span> of the company to conduct live video interactions<\/span> with remote hires<\/span>.<\/p>\n

    The process for remote I-9 compliance<\/span> is as follows:<\/p>\n

      \n
    1. \n

      Qualified employers<\/span> use the current Form I-9<\/span> and check the box for \u201cAlternative Procedure<\/span>\u201d<\/p>\n<\/li>\n

    2. \n

      Remote employees<\/span> completing <\/span>Form I-9<\/span> can use electronic signatures<\/p>\n<\/li>\n

    3. \n

      Employers conduct a remote examination<\/span> of the eligibility documents<\/span> by live video.<\/p>\n<\/li>\n<\/ol>\n

      E-Verify<\/span> employers<\/span> must keep copies of the documents<\/span> for future document inspection<\/span> or I-9 audits.<\/p>\n

      Note:<\/strong> Employers should use the Form I-9<\/span> version dated 1\/20\/2025. While the 8\/1\/2023 version is still accepted, it is set to expire on 5\/31\/2027.<\/p>\n

      Remote I-9 Process<\/span> Checklist<\/h3>\n

      You may want to develop a checklist to make sure your hiring manager or staff do not miss any critical steps such as the following:<\/p>\n

      __ Train HR staff on I-9 verification process<\/span>, alternative procedure<\/span>, and the lists of acceptable documents<\/span><\/p>\n

      __ Use the new <\/span>Form I-9<\/span> (at least as of 8\/1\/2023)<\/p>\n

      __ Check \u201calternative procedure<\/span>\u201d on the I-9 form<\/p>\n

      __ Perform a document examination<\/span> by live video<\/p>\n

      __ Create a document retention<\/span> policy for keeping the I-9 forms and employee documents<\/span><\/p>\n

      Regularly review your checklist and procedures to ensure they align with current DHS<\/span> and USCIS<\/span> guidance.<\/p>\n

      Get Legal Help To Stay Compliant<\/h2>\n

      Ensuring proper work authorization<\/span> through physical inspection<\/span> or the alternative remote procedures is critical for employers to comply with the laws. Mistakes in completing the forms or not maintaining the forms properly may lead to costly penalties and issues with immigration law<\/span>. If you need help with your process or want additional information<\/span> about the DHS<\/span> or E-Verify<\/span> requirements, contact an employment law attorney<\/a>.<\/p>\n

      Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified attorney if you have legal questions.<\/em><\/p>\n\n\n

      \n \n Was this helpful?<\/span>\n \n Yes<\/span>\n \n \n \n <\/path>\n <\/g>\n \n \n <\/rect>\n <\/clipPath>\n <\/defs>\n <\/svg>\n <\/i>\n <\/button>\n \n No<\/span>\n \n \n \n \n <\/g>\n \n \n \n <\/clipPath>\n <\/defs>\n <\/svg>\n <\/i>\n <\/button>\n <\/div>\n <\/span>\n