The DHS's New Remote I-9 Verification: Only For E-Verify

On July 21, 2023, the U.S. Department of Homeland Security ("DHS") published a new, optional procedure allowing remote, rather than in-person, physical examination of documents for Form I-9, Employment Eligibility Verification. Dubbed the "Remote Form I-9 Alternative Procedure," this option is only available to employers enrolled in the E-Verify system that are in good standing starting August 1, 2023.

To conduct Form I-9 document verification remotely, eligible employers need to ask employees to transmit a copy of their identification documents. Upon receipt, the employer is required to conduct a live video meeting with the employee where the employer verifies the previously submitted documents. Employers in good standing with E-Verify are also allowed to use an authorized representative or a third-party vendor to inspect the employee's documents.