Important Updates
Important Updates
November 26, 2025 | United StatesUnited States: DHS Announces Termination of Temporary Protected Status for Haiti
November 26, 2025 | New ZealandNew Zealand: Proof of Police Clearance Certificate Requests No Longer Accepted for Accredited Employer Work Visas
November 26, 2025 | PeruPeru: Delays in Adjudication of In-Country Visa Applications
November 26, 2025 | SingaporeSingapore: COMPASS Lists of Educational Qualifications and Awarding Institutions Updated for 2026
November 26, 2025 | SwitzerlandSwitzerland: Possible Quotas for Locally-employed Croatian Nationals for 2026
November 26, 2025 | United StatesUnited States: DHS Announces Termination of Temporary Protected Status for Haiti
November 26, 2025 | New ZealandNew Zealand: Proof of Police Clearance Certificate Requests No Longer Accepted for Accredited Employer Work Visas
November 26, 2025 | PeruPeru: Delays in Adjudication of In-Country Visa Applications
November 26, 2025 | SingaporeSingapore: COMPASS Lists of Educational Qualifications and Awarding Institutions Updated for 2026
November 26, 2025 | SwitzerlandSwitzerland: Possible Quotas for Locally-employed Croatian Nationals for 2026
November 26, 2025 | United StatesUnited States: DHS Announces Termination of Temporary Protected Status for Haiti
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

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Video

Vuvuzelas, Visas and Victory - Moving Football Across Africa | #FragomenFC - Ep. 12

Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.

Learn more

Media mentions

Bloomberg: UK to Create New Fast-Track Residency Path for High-Earners

Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.

Learn more

Blog post

Georgia Immigration Reform 2025: New Residence Permit Scrutiny for Foreign Nationals

Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.

Learn more

Media mentions

Times Higher Education: Hertfordshire Latest to Be Placed on Student Visa ‘Action Plan’

Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

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.