Do I Need to Update My E-Verify MOU for Virtual I-9s?

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

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

When an Employer Must Update an E-Verify MOU

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

E-Verify users may have to sign a new MOU in these limited circumstances:

• If you create a new legal entity such as a spin-off and you have a new Federal Employer Identification Number (FEIN)

• If your company is acquired and you have a new FEIN

• If you become a federal contractor (there is a specific MOU to sign)

• If you add hiring sites but they are not enrolled in E-Verify

• If you terminate your relationship with an E-Verify Web Services Agent and begin using a new agent

Therefore, MOUs do not need to be updated unless there are significant structural changes within the company.

Step-by-Step Guide to Updating the MOU

To make changes, you must access E-Verify with your USCIS online account and take the following steps:

1. Log in to your E-Verify Account as program administrator

2. Select Company Account > Company Profile

3. Click View Current MOU at the bottom of the page

4. Update the information (business name, addresses, points of contact, phone number and email, and list of authorized users)

5. Electronically sign the MOU

Keep authorized E-Verify participants current and remove employees who are no longer with the company.

Frequently Asked Questions

What Is E-Verify?

Employers must make sure their employees and new hires are legally allowed to work in the United States. The employment eligibility verification process is done with Form I-9, a government form. This form is used to check the employee’s identity and their authorization to work in the U.S.

E-Verify is a system run by the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA) for an employer to perform the I-9 verification online.

Once a new hire completes the Form I-9, the employer enters the information into the E-Verify website. E-Verify checks the information against millions of government records to give an instantaneous result.

Only enrolled employers in good standing may use the E-Verify system.

What Is MOU?

The Memorandum of Understanding (MOU) is a legal document that all employers participating in E-Verify must sign. It explains the responsibilities of employers, DHS, and the SSA under the E-Verify program.

What Is the Updated E-Verify Remote Verification Process?

Under the new rules, it is best for E-Verify employers to do the following with new Form I-9s for onboarding remote employees:

• Train staff on remote verification rules for completing Form I-9

• Have the new employee complete Form I-9

• Within three business days, conduct live video document examinations with the employees presenting their employment authorization documents

• Check the box for “Alternative Procedure” in the Additional Information field in Section 2

• Create a retention policy and keep I-9 forms and copies of all documents from List A, B, or C if presented

It is a good practice to audit I-9 records regularly to detect any missing employee documents.

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

Get Legal Help

If your company uses E-Verify and hires remote employees, it is important to follow the government rules for updating the MOU. It is always wise to talk to an employment attorney if you have questions about the forms or verification process.

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.