I-9 verification option

Under a new DHS rule, employers will have a permanent option for verifying employment eligibility for new hires remotely. The new rule only covers new employees hired after the option takes effect on August 1 and won’t apply retroactively to employees hired remotely during the pandemic.

Regardless of immigration or citizenship status, all new hires must complete an I-9, and employers must inspect the employee’s identity and work authorization documents to ensure authenticity.

Employers exercising the remote verification option will be required to examine copies of I-9 documents within three days of a worker’s start date, have a live video interaction with the worker to ensure the documents appear to be genuine, and check a box on the I-9 form indicating a remote process was used.

Employers who choose to use the alternative procedure must also retain a clear and legible copy of all documents presented by the employee seeking to establish identity and employment eligibility for the Form I-9 under the alternative procedure, which will allow DHS to assess the documents that were presented to, and remotely examined by, the employer in the event of an audit, and help to determine whether the documents examined by the employer reasonably appeared on their face to be genuine and to relate to the employee, that the employer has not discriminated against employees, and that the employer has complied with other Form I-9 requirements.

The E-Verify option will only be available to employers in good standing in the federal electronic E-Verify system, in part because DHS lacks data to assess the impact of I-9 flexibility during the pandemic. Employers who enroll in E-Verify and any users who manage and create E-Verify cases must complete an E-Verify tutorial that includes fraud awareness and antidiscrimination training.

(88 FR 47990, published July 25, 2023, effective August 1, 2023). Form I-9 web page.

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