Can I-9 verification be done remotely: 5 Essential Steps

The Shift from In-Person to Remote I-9 Verification

Can I-9 verification be done remotely? Yes, as of August 1, 2023, employers enrolled in E-Verify can remotely examine employee documents through a DHS-authorized alternative procedure. This replaces the temporary COVID-19 policy that ended July 31, 2023.

Quick Answer:

• E-Verify enrolled employers: Can use remote verification permanently
• Non-E-Verify employers: Must use authorized representatives for in-person verification
• Requirements: Live video interaction, document examination, proper form notation
• Documents: Must retain clear copies of all examined materials

For decades, Form I-9 verification meant one thing: in-person document inspection. HR managers had to physically examine every new hire’s identity and work authorization documents within three business days of their start date. No exceptions.

The pandemic changed everything. When offices closed and remote work became the norm, the traditional I-9 process created a massive bottleneck. How do you verify documents in person when nobody’s in the same room?

The government’s answer came in two phases. First, temporary COVID-19 flexibilities allowed virtual inspections. Then, recognizing that remote work wasn’t going away, they made it permanent for qualified employers.

Now you have options. But with new flexibility comes new complexity. Different rules apply depending on whether you’re enrolled in E-Verify. State laws add another layer of requirements. And one mistake can trigger costly compliance issues.

The good news? Remote I-9 verification can actually be faster and more efficient than the old in-person method when done correctly.

Are You Eligible? Qualifying for Remote I-9 Verification

Here’s the straightforward answer: can I-9 verification be done remotely? Absolutely, but only if you meet specific requirements. Think of it like having a special key that open ups this flexibility.

The game changed on August 1, 2023, when the Department of Homeland Security made remote I-9 verification a permanent option. This wasn’t just an extension of the temporary COVID-19 policies that expired July 31, 2023. It was recognition that remote work is here to stay, and employment verification needed to catch up.

The golden ticket? You must be enrolled in E-Verify and maintain good standing with the program. No E-Verify enrollment means no remote verification privileges. It’s that simple.

If you’re already using E-Verify, this opens up a world of possibilities for your remote hiring process. Your HR team can finally stop coordinating complex in-person meetings just to check a driver’s license. If you’re not enrolled yet, this might be the perfect time to explore your options with E-Verify and I-9.

For employers ready to take the plunge, the government makes enrollment straightforward through their Enrolling in E‑Verify portal.

What It Means to Be an “E-Verify Employer in Good Standing”

Being in “good standing” isn’t just bureaucratic jargon. It’s your proof that you can handle the responsibility of remote verification. The government wants to know you’re serious about compliance before they hand you this flexibility.

Enrollment at all hiring sites comes first. You can’t pick and choose which locations get to use remote verification while leaving others out. If you want the remote option, every hiring site needs E-Verify enrollment.

Following program rules means exactly what it sounds like. You create E-Verify cases correctly, resolve any issues that pop up, and generally play by the established rules. Think of it as maintaining a clean driving record before getting access to the carpool lane.

The tutorial requirement ensures everyone knows what they’re doing. Every new E-Verify user completes comprehensive training that covers the ins and outs of the system. This isn’t busy work; it’s your foundation for success.

Fraud awareness training teaches you to spot suspicious documents during your remote examinations. Since you won’t be handling physical documents, knowing what to look for becomes even more critical. The training sharpens your eye for potential red flags.

Anti-discrimination training keeps the process fair for everyone. The government wants to ensure that remote verification doesn’t become a tool for treating employees differently based on their background or appearance.

Here’s a practical bonus: you don’t have to use remote verification for every hire. You can offer it specifically for remote employees while continuing in-person verification for office-based staff. Just make sure your policy is consistent and never discriminatory.

Understanding these requirements can feel overwhelming, but that’s where expert guidance helps. Our comprehensive E-Verify Employer Requirements resource breaks down everything you need to know for seamless compliance.

How-To Guide: The 5 Steps for Remote I-9 Document Examination

Now that we understand who is eligible, let’s dive into the practical “how-to” of conducting remote I-9 verification. This process, while offering flexibility, requires careful attention to detail to ensure compliance.

Step 1: Use the Correct Form I-9

Getting started with remote verification means using the right paperwork. The U.S. Citizenship and Immigration Services (USCIS) released a new Form I-9 dated 08/01/23 that makes remote verification much more straightforward.

The old form (dated 10/19/2019) had its last day on October 31, 2023. If you’re still using it, it’s time to upgrade. The new form is actually better – it’s streamlined to just one page for Sections 1 and 2, works great on mobile devices, and has much shorter instructions. Finally, a government form that’s easier to use!

Your new hires still need to complete Section 1 accurately, attesting to their employment authorization. You can Download the latest Form I-9 directly from the USCIS website. This updated form won’t expire until May 31, 2027, so you’ll have it for a while.

Step 2: Securely Receive Employee Documents

Once your employee completes Section 1, you’ll need to get clear copies of their documents. This step is crucial because can I-9 verification be done remotely depends entirely on having quality document images to work with.

Your employee needs to send you clear, legible copies of both the front and back (when applicable) of their chosen documents from the acceptable document lists. Think scanning and emailing or, even better, uploading through a secure portal. Blurry phone photos won’t cut it here.

Even though you’re examining copies instead of originals, you’re still responsible for ensuring these documents reasonably appear genuine and belong to the person presenting them. It’s like being a detective, but with better lighting and no trench coat required.

Step 3: Conduct a Live Video Interaction

Here’s where the magic happens. After receiving those document copies, you need to schedule a live video call with your employee. This isn’t a phone call or a quick email exchange – it requires real-time, face-to-face video interaction.

During this video session, your employee must physically show you the same documents they sent copies of earlier. You’ll visually examine these documents to verify they match the copies and, most importantly, that they belong to the person on screen. Compare the photo on the document to the employee’s face – it’s like a virtual ID check at the airport.

This live interaction ensures the person and their documents are genuinely connected. For step-by-step guidance, check out the Official Remote Examination Procedures from USCIS.

Step 4: Complete Section 2 and Note the Remote Procedure

After your successful video verification, it’s time to complete Section 2 of Form I-9. This is where you record all the document information as the employer or authorized representative.

Here’s the important part: the new Form I-9 has a specific checkbox in the “Additional Information” field for the alternative procedure. Check that box to show you used remote examination. If you’re somehow still using the older form during its grace period, write “Alternative Procedure” in the Additional Information field instead.

This notation isn’t just paperwork – it’s essential for audit purposes. It clearly shows how you verified the documents, which could save you headaches later. A thorough I-9 Self Audit can help ensure you’re making these notations correctly every time.

Step 5: Retain Documents and Create an E-Verify Case

The final step involves proper document storage and creating your E-Verify case. Think of this as the filing cabinet portion of the process, but it’s just as important as everything else.

You must keep clear, legible copies of all documents you examined during the remote verification. These copies stay with the employee’s Form I-9. The retention rules are strict: three years after the hire date or one year after termination, whichever is longer.

For every new hire with a completed Form I-9, you also need to create an E-Verify case within three business days of their first day of work. This electronically compares the Form I-9 information against government databases to confirm employment eligibility. Our E-Verify Employment Verification services can handle this entire process for you, ensuring accuracy and keeping you compliant without the administrative headache.

Can I-9 Verification Be Done Remotely Without E-Verify?

The answer to can I-9 verification be done remotely without E-Verify is a bit more nuanced. While the permanent remote examination alternative is exclusively for E-Verify employers, organizations not enrolled in E-Verify still have options for verifying remote employees. However, these options typically involve an in-person component performed by an authorized representative.

For employers who did not participate in E-Verify and used the temporary COVID-19 flexibilities for remote I-9s (for hires between March 20, 2020, and July 31, 2023), a physical in-person examination of those documents was required by August 30, 2023. This highlights the ongoing emphasis on physical document review for non-E-Verify employers.

Options for Non-E-Verify Employers

If your company is not enrolled in E-Verify, you cannot use the new DHS-authorized remote examination procedure. Instead, you must rely on the traditional method of physical document inspection, which can still be performed by an authorized representative for a remote employee.

An Authorized Representative is any person you designate to act on your behalf to complete Section 2 or 3 of Form I-9. This individual physically examines the employee’s identity and employment authorization documents. This could be:

• A Notary Public: While notaries can act as authorized representatives, it’s crucial to understand that their notary seal is not required for this function. They are simply acting as your designated agent. Some states, like California, have specific restrictions on notaries performing I-9s unless they are also bonded immigration consultants.
• An HR Consultant or Third-Party Service: Many companies specialize in I-9 compliance and can provide trained representatives to complete the physical inspection. These services often maintain networks of agents who can meet with your remote employees.
• Any Trusted Person: This could be a manager at another company location, a colleague, or even a friend or family member of the employee. While federal guidelines allow for this flexibility, employers remain fully liable for any errors or violations made by their authorized representative. This means if your employee’s Aunt Sally messes up the I-9, you, the employer, are on the hook.

Regardless of who you choose, you must provide clear instructions and ensure they understand their responsibilities. Our I-9 Verification Assistance can help you steer these complexities and find suitable solutions for your remote hires.

Compliance Risks and State-Specific Rules

Using authorized representatives, especially for non-E-Verify employers, comes with significant compliance risks. The employer is ultimately responsible for any mistakes on the Form I-9, even if made by the designated representative. This means penalties for technical errors or substantive violations can be substantial, ranging from hundreds to thousands of dollars per violation. We know that I-9 Compliance Penalties are no laughing matter.

Beyond federal liability, state laws and regulations can add another layer of complexity. As mentioned, California has specific restrictions on who can act as an authorized representative for I-9 purposes, requiring them to be licensed attorneys or bonded immigration consultants, not just any notary. This is a critical point to verify based on your employee’s location.

For E-Verify users, Tentative Nonconfirmations (TNCs) also present a compliance consideration. If an employee receives a TNC, you must notify them promptly and allow them to resolve the mismatch with the Social Security Administration (SSA) or DHS. Failure to follow TNC procedures correctly can lead to fines.

The USCIS provides guidance on USCIS guidance on remote hire representatives, which emphasizes the employer’s ongoing responsibility. Careful planning and clear communication are essential to mitigate these risks and ensure your I-9 process remains compliant, whether you’re using E-Verify’s remote procedure or relying on authorized representatives.

Frequently Asked Questions about Remote I-9 Verification

We get a lot of questions about the nitty-gritty details of remote I-9 verification. It’s understandable, really. When you’re dealing with compliance requirements, you want to make sure you’re getting every detail right. Let’s tackle the most common concerns we hear from employers.

How do I indicate on the Form I-9 that I used the remote procedure?

This is probably the most frequent question we get, and for good reason. Proper documentation is your best friend during an I-9 audit. The good news is that the process is straightforward once you know what to look for.

If you’re using the new Form I-9 (dated 08/01/23), you’ll find a dedicated checkbox in the “Additional Information” field in Section 2. Simply check that box to show you used the alternative procedure for remote examination. It’s that simple.

For those who were still using the older Form I-9 (dated 10/21/2019) before it expired on October 31, 2023, the process was slightly different. You would write “Alternative Procedure” in the “Additional Information” field instead of using a checkbox.

This notation isn’t just bureaucratic paperwork. It’s your proof that you followed the authorized remote process correctly. Don’t skip this step.

What if an employee is unable or unwilling to participate when I-9 verification is done remotely?

Here’s where things get interesting. You might assume that since remote verification is convenient, everyone would jump at the chance to use it. But that’s not always the case.

Some employees might feel uncomfortable with video calls, lack the necessary technology, or simply prefer the traditional in-person approach. You cannot force an employee to participate in remote I-9 verification. Period.

When an employee can’t or won’t do the remote process, you must offer them the standard in-person document review option. This is where consistency becomes crucial. Your approach should never be discriminatory or based on assumptions about someone’s background or immigration status.

The key is having a consistent policy that offers remote verification as an option while always maintaining the traditional method as an alternative. This flexibility protects both you and your employees.

Can I-9 verification be done remotely for reverification or rehires?

Absolutely! This is one of those pleasant surprises in the regulations. The alternative procedure for remote examination applies to more than just new hires.

If you’re an E-Verify employer in good standing, you can use the remote process for reverification situations (when an employee’s work authorization expires and they need to provide new documentation) and for rehiring former employees.

For these situations, you’ll use Supplement B of the new Form I-9 (Edition 08/01/23). This supplement is specifically designed for updates and rehires, making the process much cleaner than trying to squeeze everything onto the main form.

Here’s a bonus: when you’re dealing with reverification, you don’t need to create a new E-Verify case. The original E-Verify case from their initial hire covers them. This saves time and reduces the administrative burden, especially for seasonal employees or contractors who come and go.

The remote option for reverification and rehires is particularly helpful for companies with employees whose work authorizations expire regularly, such as those on temporary visas or work permits.

Streamlining Your I-9 Process for a Modern Workforce

The workplace has changed forever. Remote employees, hybrid teams, and distributed workforces are now the norm, not the exception. So why should your I-9 verification process be stuck in the past?

Can I-9 verification be done remotely? Yes, and it’s changing how forward-thinking employers approach hiring. This isn’t just about checking a compliance box anymore. It’s about creating a seamless, modern experience that works for everyone involved.

Think about it from your perspective as an employer. You can now hire that perfect candidate from across the country without worrying about how you’ll verify their documents. No more scrambling to find authorized representatives or delaying start dates because of paperwork logistics. The increased efficiency alone can save your HR team hours every week, especially if you’re hiring multiple remote employees.

The improved flexibility goes beyond just convenience. You’re no longer limited to talent within driving distance of your office. Want to hire the best graphic designer in Portland while your company is based in Miami? No problem. The remote I-9 process removes geographical barriers that used to complicate great hiring decisions.

From your employees’ perspective, remote verification is a game-changer. Picture this: instead of taking time off from their current job to meet with a notary or driving to your office, they can complete their I-9 verification during their lunch break from their kitchen table. It’s faster, more convenient, and creates a positive first impression of your company’s modern approach to work.

The reduced administrative burden is real too. The streamlined process means fewer phone calls, less coordination, and fewer opportunities for errors. When everything flows smoothly, both your HR team and your new hires can focus on what really matters: getting great work done.

At Valley All States Employer Service, we’ve helped countless employers make this transition smoothly. We handle the complexities of E-Verify processing so you don’t have to become an expert in every regulation change. As your dedicated E-Verify Employer Agent, we stay current with the latest rules and requirements while you focus on growing your business.

The modern workforce demands modern solutions. Remote I-9 verification isn’t just a nice-to-have feature anymore. It’s becoming essential for companies that want to attract top talent and create efficient, compliant hiring processes.

Ready to simplify your remote hiring? Get expert I-9 Verification Assistance today.