Remote Form I-9 Verification Process After August 2023

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

Onsite I-9 Verification Process

The traditional verification process is in-person and is handled as follows:

1. The new hire completes an I-9 form on their first day of work. They must enter their name, address, and date of birth, and confirm that they are allowed to work in the U.S.

2. The new hire must show employment authorization documents such as a passport, driver’s license plus a Social Security card, or other identification on a List A, B, or C of acceptable documents provided by the U.S. Citizenship and Immigration Services (USCIS) within three business days.

3. The employer then conducts a physical examination of the documents and completes the form. They keep the forms and copies of the documents on file in the event of a government audit.

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

Remote I-9 Verification Process

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

The process for remote I-9 compliance is as follows:

1. Qualified employers use the current Form I-9 and check the box for “Alternative Procedure”

2. Remote employees completing Form I-9 can use electronic signatures

3. Employers conduct a remote examination of the eligibility documents by live video.

E-Verify employers must keep copies of the documents for future document inspection or I-9 audits.

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.

Remote I-9 Process Checklist

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:

__ Train HR staff on I-9 verification process, alternative procedure, and the lists of acceptable documents

__ Use the new Form I-9 (at least as of 8/1/2023)

__ Check “alternative procedure” on the I-9 form

__ Perform a document examination by live video

__ Create a document retention policy for keeping the I-9 forms and employee documents

Regularly review your checklist and procedures to ensure they align with current DHS and USCIS guidance.

Get Legal Help To Stay Compliant

Ensuring proper work authorization through physical inspection 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. If you need help with your process or want additional information about the DHS or E-Verify requirements, contact an employment law attorney.

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.