• 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

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more

Blog post

Moving Talent, Moving Families: Navigating Family Reunification in Europe

Senior Manager Andreia Ghimis and Senior Immigration Consultant Louise Farren explore how family reunification rules across Europe can affect international moves and why employers should assess family eligibility, immigration requirements and likely timelines alongside an employee’s work authorization.

Learn more

Media mentions

Business Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.

Partner Aaron Blumberg discusses how a proposed $70,000 fee for international students seeking US work authorization could affect students, universities and employers.

Learn more

Blog post

How to Qualify for Permanent Residence and Polish Citizenship

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek outline the principal pathways to permanent residence and Polish citizenship, including key residence, language and income considerations and potential future reforms.

Learn more

Fragomen news

Comment on USCIS Mandatory Electronic Filing RuleLearn more

Fragomen news

Fragomen Collaboration Selected as 2026 European Labour Authority Good Practice

Fragomen, together with SICPA and Deutsche Rentenversicherung Bund, has been selected by the European Labour Authority as a 2026 Good Practice for an EU-funded WE BUILD use case exploring how digital identity solutions could help transform PD A1 processes and support cross-border labour mobility in Europe.

Learn more

Media mentions

The Caterer: Right to Work Scheme: Have You Carried Out Checks on Temporary Staff?

Senior Manager Louise Senior highlights how expanded UK right to work requirements will affect hospitality businesses using temporary and contingent workers.

Learn more

Media mentions

Citeline: The People Behind The Pipeline: How The Global Race For Talent Is Reshaping Pharma

Partners Rajiv Naik and Hyla Kaplan Rosenberg explore how global talent policies are reshaping the biopharma industry.

Learn more

Video

Healthcare Horizons: Open Enrollment - a J-1 Trap? | #MobilityMinute

Counsel Christopher L. Wendt discusses why J-1 exchange visitors should carefully evaluate health insurance options during open enrollment and how a proposed Department of State rule could increase the consequences of selecting coverage that does not meet applicable requirements.

Learn more

Fragomen news

2026 年9月アメリカ移民法ダイジェストLearn more

Media mentions

Scottish Legal News: Scotland Needs Immigration Rules Built for Scotland’s Economy

Director Kelly Hardman examines proposals for a more tailored immigration framework in Scotland that reflects the country’s economic, workforce and demographic needs.

Learn more

Media mentions

Veranda: Want to Get a Second Passport? Here Are the 3 Universal Rules You Need to Know

Practice Leader Olga Nechita outlines common pathways to obtaining a second passport and key considerations for prospective applicants.

Learn more

Blog post

Malta Citizenship by Merit and Vision 2050: Who May Qualify and What Contributions Matter?

Director Isobel Neilson and Manager Sophie Jo Wasson examine how Malta’s Citizenship by Merit framework considers exceptional achievement and contribution alongside the country’s long-term priorities under Vision 2050, and what applicants should consider when developing a credible case.

Learn more
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsView 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • 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
Important Updates
Important Updates
October 12, 2026 | United StatesBusiness Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.
October 13, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 13, 2026 | United StatesUnited States: Trump Administration Again Proposes Elimination of Deference to Prior Approvals of Immigration Petitions
October 13, 2026 | United StatesUnited States: USCIS Reaffirms Regulation Eliminating Maximum 540-Day EAD Auto-Extension
October 13, 2026 | United StatesUnited States: What Employers Need to Know About the Government’s New PERM Investigations and Program Suspensions
October 12, 2026 | United StatesBusiness Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.
October 13, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
October 13, 2026 | United StatesUnited States: Trump Administration Again Proposes Elimination of Deference to Prior Approvals of Immigration Petitions
October 13, 2026 | United StatesUnited States: USCIS Reaffirms Regulation Eliminating Maximum 540-Day EAD Auto-Extension
October 13, 2026 | United StatesUnited States: What Employers Need to Know About the Government’s New PERM Investigations and Program Suspensions
October 12, 2026 | United StatesBusiness Insider: How Would the $70,000 Fee on International Students Working in the US Impact Schools and Grads? 2 Lawyers Break It Down.
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.