Why Remote Form I-9 Verification is Essential for Modern Employers
Remote form i 9 verification is a critical compliance requirement for employers with distributed workforces. With over 28% of US employees in remote or hybrid models as of 2023, the traditional in-person document inspection process is no longer practical for modern hiring.
Quick Answer for Remote Form I-9 Verification:
- Who can verify remotely: E-Verify employers in good standing only
- When it became available: August 1, 2023 (permanent procedure)
- Required process: Live video examination of employee documents
- Form requirement: New Form I-9 (edition 08/01/23) with remote examination checkbox
- Deadline to switch: November 1, 2023 (mandatory use of new form)
- Alternative for non-E-Verify employers: Use authorized representatives
The shift to remote verification reflects a fundamental change in how we work. As one expert noted, “The virtual verification framework has been a lifesaver, allowing employers to onboard employees quickly and safely.”
The temporary COVID-19 flexibilities ended on July 31, 2023, replaced by a structured, permanent process. Failing to meet these new requirements can lead to penalties ranging from $230 to $20,130 per violation.
The good news is the new alternative procedure streamlines the entire process. The updated Form I-9 is now a single, mobile-friendly page. For E-Verify employers, this means faster, compliant onboarding.
Understanding Form I-9 and the Shift to Remote Verification
Form I-9 is your business’s safety net. Every person hired in the United States must complete this form for Employment Eligibility Verification, a process that legally protects your company and ensures you build an authorized workforce.
For decades, this required in-person document inspection, where an employer or their agent physically handled a new hire’s original documents. There were no shortcuts.
The pandemic made this rigid system impractical. The COVID-19 flexibility period (March 2020 – July 2023) temporarily allowed remote inspections but created a backlog by requiring eventual in-person re-verification.
Instead of reverting to the old system, the Department of Homeland Security (DHS) created a permanent alternative procedure for remote form i 9 verification. This is a lasting solution designed for our new work reality, and we help employers steer these changes to avoid expensive I-9 Compliance Penalties.
The Old Way vs. The New Way
When the temporary policies ended on July 31, 2023, employers who used them faced a ticking clock. Every remote verification required a follow-up in-person inspection by August 30, 2023, creating a staggering administrative burden.
The August 1, 2023 rule changed this entirely. For E-Verify employers in good standing, remote verification is now final, with no follow-up meeting or administrative catch-up required.
The accompanying new Form I-9 version further streamlines the process, treating remote employees as a standard part of business operations, not an exception. The philosophical shift is significant: remote verification is no longer temporary but a legitimate, final process when done correctly. This changes how you can structure your hiring and onboarding.
The New Alternative Procedure: Who Qualifies and What’s Changed?
On July 21, 2023, the DHS finalized a rule establishing a permanent alternative procedure for remote form i 9 verification. This is a practical solution for today’s workforce.
The game-changer: E-Verify employers in good standing can now conduct remote I-9 document exams without a follow-up physical inspection, eliminating double work and the need to track down employees months later.
The new approach uses live video interaction. You or your representative can examine an employee’s documents via video call, verify their authenticity, and complete the process remotely.
Eligibility for the Remote Form I-9 Alternative Procedure
Not every employer qualifies. To use the remote procedure, you must be an E-Verify employer in good standing. This means you must:
- Be enrolled in E-Verify for all hiring sites where you plan to use the alternative procedure.
- Comply with all E-Verify program requirements, like verifying new hires in time and properly handling Tentative Nonconfirmations.
- Complete the required fraud awareness and anti-discrimination training through the E-Verify tutorial.
If you’re not enrolled in E-Verify, now is the perfect time to consider it. At Valley All States Employer Service, we help employers manage E-Verify I-9 Compliance with confidence.
Key Changes in the New Form I-9 (Edition 08/01/23)
The new Form I-9 (edition 08/01/23) is completely reimagined. It condenses the old two-page form into a clean, one-page, mobile-friendly format. The most important change for remote employers is the dedicated checkbox in Section 2 for the alternative procedure.
| Feature | Old Form I-9 (10/19/19) | New Form I-9 (08/01/23) |
|---|---|---|
| Page Count | Two pages (Sections 1 & 2 on front) | One page (Sections 1 & 2 on single sheet) |
| Preparer/Translator | Integrated into Section 1 | Moved to a separate Supplement A |
| Reverification/Rehire | Section 3 on page 2 | Moved to a separate Supplement B |
| Remote Verification | No specific checkbox; required annotation | Dedicated checkbox in Section 2 |
| Mobile-Friendliness | Less optimized | Designed to be more fillable on tablets/mobile |
| Instructions | 15 pages | Reduced to 8 pages |
A critical timeline: Starting November 1, 2023, only the new Form I-9 dated ’08/01/23′ can be used. Using an outdated form after this deadline could trigger compliance issues. The streamlined design makes the process faster and less prone to error.
How to Conduct Remote Form I-9 Verification: A Step-by-Step Guide
For E-Verify employers in good standing, the new alternative procedure for remote form i 9 verification makes compliance easier. Here’s a step-by-step guide to the virtual I-9 process.
Step 1: Enroll in E-Verify and Ensure Good Standing
E-Verify enrollment is the mandatory first step. If you haven’t enrolled, you can Enroll in E-Verify now. The process includes registering your company and completing the required E-Verify tutorial, which covers essential fraud awareness and anti-discrimination policies.
All your hiring sites planning to use this procedure must be enrolled. Staying in good standing means submitting cases promptly, handling Tentative Nonconfirmations (TNCs) correctly, and following all program requirements. We’ve helped countless employers with these requirements through our E-Verify Services.
Step 2: The Live Video Examination
The core of the remote form i 9 process is the live video interaction. Before the call, your employee transmits clear copies (front and back) of their identity and employment authorization documents to you securely.
During the live video call, the employee must present the same original documents. Your job is to check that the documents appear genuine and relate to the person on screen. You are not a forensics expert, but you must exercise reasonable judgment. The key is verifying the documents belong to your employee by seeing both the person and their documents at the same time.
Step 3: Completing and Annotating the New Form I-9
After the live video exam, it’s time to complete the paperwork. Your employee should have already completed Section 1 by their first day of work.
You must handle Section 2 within three business days of the employee’s start date. Record the document information as usual. Then, simply check the alternative procedure checkbox in Section 2 to indicate you used the remote process.
Finally, ensure proper document retention. You must keep clear copies of the front and back of the employee’s documents along with the completed Form I-9 for the required retention period. Valley All States Employer Service can help ensure your E-Verify and I-9 processes work together seamlessly.
Best Practices and Compliance for Your Remote I-9 Process
The new remote form i 9 procedure offers flexibility, but compliance is paramount. Following best practices is essential to avoid costly penalties.
Maintaining Consistency and Avoiding Discrimination
Consistency is key. You must apply your chosen verification method fairly and systematically. You can use remote form i 9 verification for remote workers while continuing in-person checks for on-site staff, as long as the approach is non-discriminatory.
The employee always has the final say. If an employee prefers an in-person examination for any reason, you must provide that option without penalty. This is a legal requirement to prevent discrimination based on national origin, citizenship status, or other protected characteristics.
What About Non-E-Verify Employers?
If you are not enrolled in E-Verify, the new remote procedure is not available. Your best option is to use an authorized representative to complete Section 2. This person, who can be a manager, family member, or notary, must physically examine the original documents with the employee present.
Even when using a representative, you remain fully liable for any errors. Choose your representative carefully. A notary public acts as your agent, not in their official capacity, and should not use their seal. Always check local regulations, as some states have specific rules.
Document Retention and Storage
Proper document storage is critical for compliance. You must keep completed Forms I-9 for three years after the hire date or one year after termination, whichever is longer.
For remote verifications, you must also retain clear copies of the employee’s documents (front and back). We recommend a secure electronic system for I-9 completion and storage to meet DHS standards and simplify retrieval during a potential audit.
Frequently Asked Questions about Remote Form I-9
Navigating remote form i 9 verification can be overwhelming. Here are answers to the most common questions we receive.
What if an employee is unable or unwilling to use the remote video process?
You cannot force an employee to use the remote video option. For various reasons, some may prefer an in-person process. You have a responsibility to provide an alternative to remain compliant with anti-discrimination laws.
Your in-person alternative could involve the employee visiting a physical location or you designating an authorized representative near them to handle the physical examination. The choice must be available to the employee without creating barriers to employment.
Do I have to re-verify employees who were verified remotely during the COVID-19 flexibilities?
If you used the temporary COVID-19 flexibilities for remote form i 9 verification between March 20, 2020, and July 31, 2023, you were required to complete physical re-inspections by August 30, 2023. This involved updating the original Form I-9.
However, E-Verify employers in good standing had another option: they could use the new alternative procedure (a live video examination) for these employees instead of a physical meeting. This exception was a lifesaver for companies with fully remote teams.
Can I use a third-party service for remote I-9 verification?
Yes, and many employers find it beneficial. Managing remote form i 9 verification internally can be challenging, especially for distributed teams.
Third-party services can act as your authorized representatives, handling either in-person or live video verifications. They often provide secure electronic I-9 platforms that streamline document collection, signatures, and compliant storage. Outsourcing reduces your administrative burden and helps you avoid common mistakes that lead to penalties.
At Valley All States Employer Service, our expert E-Verify processing minimizes errors and administrative headaches. We simplify your compliance so you can master your remote I-9 processes.
Conclusion: Master Your Remote Onboarding with Confidence
Employment verification has evolved with the modern workplace. The new remote form i 9 process is a permanent, streamlined solution for onboarding remote team members compliantly.
Mastering this new system gives you a competitive edge, allowing you to onboard talent anywhere without the friction of outdated processes. The key is getting the details right: E-Verify enrollment is mandatory, the live video examination must be done correctly, and the new one-page Form I-9 must be used.
Compliance isn’t negotiable, but it doesn’t have to be complicated. Following the proper steps builds a foundation for efficient, legally sound hiring that scales with your business.
These regulations can feel complex, which is why Valley All States Employer Service exists. We take the complexity out of employment compliance so you can focus on growing your business. Our team has helped countless employers transition to these new remote form i 9 procedures, handling E-Verify processing and ensuring every verification meets federal standards.
Ready to transform your remote hiring process? Let us show you how our New Hire Eligibility services can eliminate the guesswork. Or explore our comprehensive I-9 Verification Assistance to streamline your entire process.