Important Updates
Important Updates
November 7, 2025 | 🌐Minimum Salary Changes Announced
November 7, 2025 | Canada Canada: New Measures Prioritize Graduate and Doctoral Student Recruitment
November 7, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
November 7, 2025 | CanadaCanada: Quebec’s 2026–2029 Immigration Plan Announced, with Key Program Measures and Updates
November 7, 2025 | Mexico, PeruMexico/Peru: Suspension of Diplomatic Ties May Affect Immigration Processing
November 7, 2025 | 🌐Minimum Salary Changes Announced
November 7, 2025 | Canada Canada: New Measures Prioritize Graduate and Doctoral Student Recruitment
November 7, 2025 | CanadaCanada: Ontario Implements Key Reforms to the Immigrant Nominee Program
November 7, 2025 | CanadaCanada: Quebec’s 2026–2029 Immigration Plan Announced, with Key Program Measures and Updates
November 7, 2025 | Mexico, PeruMexico/Peru: Suspension of Diplomatic Ties May Affect Immigration Processing
November 7, 2025 | 🌐Minimum Salary Changes Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

DHS Permits Remote I-9 Completion for E-Verify Employers

July 24, 2023

DHS Permits Remote I-9 Completion for E-Verify Employers

Country / Territory

  • United StatesUnited States

Related contacts

Daniel Brown

Daniel Brown

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1089

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Daniel Brown

Daniel Brown

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1089

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Daniel Brown

Daniel Brown

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1089

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Daniel Brown

Starting August 1, 2023, the U.S. Department of Homeland Security (DHS) will allow E-Verify employers to complete I-9 forms for the first time in a truly remote fashion. A revised version of the I-9 form will also become available for use on that date as well.

This is an important and welcome policy change from DHS and one that finally recognizes the dramatic rise in the numbers of employees working remotely whether on a hybrid or permanent basis. The new remote document review option is an important improvement over the remote document review flexibility policy that ICE authorized in response to the COVID-19 crisis, because, unlike the COVID-19 remote document policy, it will not require employee documents to be physically inspected by employers, and the I-9 form to be notated regarding that inspection, at a later date.

The New Remote Document Review Option

Under the normal I-9 rules, an employer must physically examine the original identity and work eligibility documents presented by the newly hired employee in the employee’s presence and sign the required attestation in section 2 of the I-9 form. That rule is still in effect however the government will now give employers enrolled and in good standing in the E-Verify program the option to use an alternative procedure to remotely review the employee’s documents during I-9 completion. Remote document inspection will only be available to employers enrolled in E-Verify, and only at locations where the employer is using E-Verify. The essential elements of the new remote document review alternative are as follows:

    • The new remote document review alternative can only be used for employees hired on or after August 1, 2023;
    • The employee must transmit to the employer a copy (both front and back) of the I-9 document(s) they wish to present to demonstrate their identity and employment eligibility;
    • The employer must examine a copy of each I-9 document presented by the employee to ensure that the document(s) appear genuine and related to the employee;
    • The employer must conduct a live video interaction with the employee to ensure that the documents presented reasonably appear to be genuine and related to the employee. The employee must present the document(s) that were transmitted in copy to the employer;
    • On the new edition of the I-9 form, the employer will be required to check a box indicating that the alternative procedure was used to examine documentation to complete Section 2 of the form or Section 3 for re-verification. Through October 31, 2023, if the employer uses the current version of the form, the employer must notate “alternative procedure” in the Additional Information field in Section 2; and,
    • The employer must retain clear and legible copies of the documents presented by the employee with the I-9 form (even if it normally does not retain copies of I-9 documents).

DHS is not eliminating the August 30 deadline to complete physical document review for those employee I-9 forms that were completed using remote or virtual document review during the COVID-19 emergency. However, it will allow E-Verify employers to use the new alternative remote document review process to meet the deadline. To be eligible, the employer must have been enrolled in E-Verify at the time the I-9 was initially completed using remote or virtual document review and have created a case in E-Verify for the employee during the period while the ICE COVID-19 document review flexibility policy was in effect. E-Verify employers using the remote document review process to meet the August 30 deadline should write in the other information field in section 2 of the I-9, “Alternative Procedure” and write in the date the live video interaction to review the employee’s documents was conducted. If an employer was not enrolled in E-Verify during that period, it cannot use the new remote document review policy to complete the physical document inspection requirement.

Incorporating the Remote Document Review Process in Your I-9 Compliance Program

Employers who have not enrolled in E-Verify, or those who have not enrolled in all locations in the program, will want to consider enrolling to take advantage of the remote document review option.  Employers will need to incorporate certain requirements into their I-9 process to utilize the remote document review option.

    • Procedures for employees to transmit copies of their documents and to ensure that the copies are retained with the I-9 form. Employers normally have the choice of whether to retain copies of employee documents but will be required to retain copies of all employee documents when using the remote document review option.
    • Employers will need to notate the I-9 form to indicate when the remote document review option is utilized. On the updated version of the form, the employer must check the box indicating that remote review was utilized. Employers can continue to use the current form version through October 31, 2023. If the current version is used during that period, the form should be notated with “alternative procedure” in the other information field in section 2.
    • Employers will need to incorporate the required live video interaction into the I-9 completion process. The employer cannot just rely on examining copies of the employee’s documents to complete section 2 (or section 3 in the case of a re-verification) of the I-9 form.

Need to Know More?

For further information on the new I-9 document remote review procedures, the new I-9 form version or questions related to employment verification and I-9 compliance in general, please contact Partner Daniel Brown at [email protected].

This blog was published on July 24, 2023, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram. 

Country / Territory

  • United StatesUnited States

Related contacts

Daniel Brown

Daniel Brown

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1089

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Daniel Brown

Daniel Brown

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1089

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Daniel Brown

Daniel Brown

Partner

Washington, DC, United States

Email

[email protected]

T:+1 202 380 1089

Related offices

  • Washington, DC

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Awards

Fragomen Ranked in 2026 Edition of "Best Law Firms in the United States" by The Best Lawyers

Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.

Learn more

Awards

Fragomen Wins Altair Global’s 2025 Super Star Award for Humanitarian Commitment

Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.

Learn more

Media mentions

The Toronto Star: Canada will reduce international student permits by more than half, budget reveals

Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.

Learn more

Fragomen news

2025年10月 アメリカ移民法ダイジェスト Learn more

Fragomen news

Fragomen Cited in House of Lords Report on the Future of the UK Space Economy

Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.

Learn more

Blog post

Georgia Immigration Reform 2025: New Work Permit Rules for Foreign Nationals

Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.

Learn more

Awards

Senior Associate Agata Richardson Honored with Casa Cornelia Law Center Pro Bono Publico Award

Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.

Learn more

Media mentions

European Security & Technology Magazine: Die kritische Wachstumsbremse der europäischen Verteidigungsindustrie

Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.

Learn more

Media mentions

Games Industry: US H-1B Visas: Alternatives to a $100,000 Fee

Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.

Learn more

Media mentions

People Management: How Will EU Travel Rule Changes Impact Employers?

Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.

Learn more

Media mentions

Arts Professional: How Easy Is It for Overseas Creatives to Work in the UK?

Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.

Learn more

Blog post

Claiming British Citizenship Through Ancestral Lineage: Who Is Eligible?

Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.