{"id":395170,"date":"2026-04-14T12:15:11","date_gmt":"2026-04-14T17:15:11","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/?page_id=395170"},"modified":"2026-04-14T04:44:00","modified_gmt":"2026-04-14T09:44:00","slug":"do-i-need-to-update-my-e-verify-mou-for-virtual-i-9s","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/do-i-need-to-update-my-e-verify-mou-for-virtual-i-9s.html","title":{"rendered":"Do I Need to Update My E-Verify MOU for Virtual I-9s?"},"content":{"rendered":"\n
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Do I Need to Update My E-Verify MOU for Virtual I-9s?<\/h1>\n\n
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\n By Catherine Hodder, Esq.<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last updated\n
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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

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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

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Key Takeaways<\/h2>\n

Employers currently enrolled in E-Verify and in good standing do not have to sign a new or amended E-Verify Memorandum of Understanding to use the \u201calternative procedure\u201d in reviewing I-9 forms remotely. However, employers must sign a new MOU in limited circumstances.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

You typically do not need to sign a new Memorandum of Understanding<\/span> (MOU<\/span>) under the virtual I-9 rules. There are, however, instances when a formal amendment or new MOU<\/span> is required.<\/p>\n

As always, employers must be mindful of changes tothe MOU<\/span> and E-Verify<\/span> system. In August 2023, the Department of Homeland Security (DHS<\/span>) introduced a permanent remote I-9 <\/span>verification<\/span> process<\/span><\/a> for employers enrolled in E-Verify<\/span>. Employers can now handle remote examination<\/span> of verification documents by live video. The government does not require new MOUs<\/span> to participate in this process.<\/p>\n

When an Employer Must Update an E-Verify<\/span> MOU<\/span><\/h2>\n

Once an employer has a MOU<\/span> and is enrolled in the I-9 <\/span>verification<\/span> process<\/span>, the MOU<\/span> does not have to be updated even if the original signatory has left the company. Additionally, the original MOU<\/span> remains in place despite any DHS<\/span> or SSA<\/span> enhancements or policy changes. However, it is a legal requirement to maintain at least one active program administrator to receive legal notices.<\/p>\n

E-Verify<\/span> users<\/span> may have to sign a new MOU<\/span> in these limited circumstances:<\/p>\n