Important Updates
Important Updates
May 8, 2026 | 🌐Minimum Salary Changes Announced
May 8, 2026 | United StatesBloomberg: Trump Wants to Make H-1B Workers More Expensive for US Employers
May 8, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 8, 2026 | MexicoMexico: Processing Delays Impacting Immigration Timelines
May 8, 2026 | MexicoMexico: Reminder: Use of Automated Immigration Kiosks at Airports
May 8, 2026 | 🌐Minimum Salary Changes Announced
May 8, 2026 | United StatesBloomberg: Trump Wants to Make H-1B Workers More Expensive for US Employers
May 8, 2026 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
May 8, 2026 | MexicoMexico: Processing Delays Impacting Immigration Timelines
May 8, 2026 | MexicoMexico: Reminder: Use of Automated Immigration Kiosks at Airports
May 8, 2026 | 🌐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
    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 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

  • 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
  • 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

United States: DHS Issues New Edition of Form I-9 As New Remote Verification Option Takes Effect for E-Verify Employers

August 2, 2023

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • The new edition of Form I-9, dated August 1, 2023, will become mandatory for all employers on November 1, 2023.
  • Through October 31, 2023, employers may continue to use the previous edition, dated October 21, 2019.
  • The new form does not contain any substantive changes from the October 21, 2019 version. However, there are changes to how the form is organized and additional explanations along with references to USCIS resources on the I-9 process.
  • The publication of this new form is designed to recognize a newly published rule that authorizes certain employers to use an alternative process to review Form I-9 documents remotely. This alternative process is available to some E-Verify employers in lieu of the general requirement for physical inspection of documents in the presence of the employee presenting the documents.

The issue

As anticipated, the Department of Homeland Security (DHS) has issued a new edition of the Form I-9, dated August 1, 2023. The new form is available for use immediately, but does not become mandatory for employers until November 1, 2023. Employers have the option to continue to use the previous edition of the form, dated October 21, 2019, through October 31, 2023.

The new form does not change any employer or employee obligations involved in the verification or reverification of work authorization. However, the new form is organized differently. Section 3, used for reverification of current employees and, in some instances, rehiring of former employees, is moved to a supplemental section at the end of the form. Likewise, the translator certification also is now in a supplemental section. In addition, while the Lists of Acceptable Documents remain the same, the new form provides examples of acceptable receipts under Lists A, B, and C respectively. There are also links to USCIS resources on the new form. Finally, the new version of the form allows employers to indicate whether they are using a new alternative remote document inspection process, described further below, in the I-9 process.

Alternative procedure for remote inspection of Form I-9 documents takes effect

The new form coincides with the effective date of new guidance for an alternative procedure to physical inspection of Form I-9 documents. As we reported previously, eligible E-Verify employers are able to conduct remote inspection of employees’ identity and work authorization documents subject to the following requirements:

  • Remote inspection is available to E-Verify employers, but only with respect to hiring sites that are enrolled in E-Verify. If a hiring site is not covered by the employer’s E-Verify enrollment, remote verification will not be available at that site.
  • Remote inspection is available to E-Verify employers for new employees hired on or after August 1, 2023. Qualified employers may not use this remote document inspection process for employees hired before August 1, unless they are doing so to satisfy the special physical examination requirement of the temporary DHS COVID I-9 flexibilities, as discussed below.
  • If a qualifying E-Verify employer uses the alternative remote procedure for new employees at a hiring site, it must do so consistently for all employees at the site. However, a qualified employer may choose to offer remote inspection for remote hires only but continue to use in-person physical examination for onsite or hybrid onsite/remote employees, as long as the employer does not adopt this practice for a discriminatory purpose or treat employees differently based on their citizenship, immigration status, or national origin.
  • If an employee is unable or unwilling to submit documents using the alternative remote procedure, the employer must permit the employee to submit documents in person for physical examination.

Qualified employers are not required to use the alternative remote inspection process; they may opt to continue in-person physical documentation inspection. In any event, employers that enroll in E-Verify must comply with all E-Verify requirements. 

The remote inspection procedure

The employee must complete Section 1 of the Form I-9 on or before the first day of employment. Within three business days of the employee’s first day of employment, a qualified employer that wishes to use the alternative remote procedure must ensure that the following is accomplished:

  • The employee must transmit to the employer a copy of the I-9 document(s) they wish to present. If a document is two-sided, a copy of both the front and back must be transmitted.
  • 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. If a document is two-sided, a copy of the front and back must be examined.
  • 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 Form I-9, the employer must check a box indicating that the alternative procedure was used to examine documentation to complete Section 2 of the form or for reverification. For the period through October 31, 2023, if the employer uses the current version of the form, the employer must write “alternative procedure” in the Additional Information field in Section 2.
  • The employer must retain a clear and legible copy of the document(s) presented. If the document is two-sided, a copy of the front and back must be retained.
  • In the event of a government audit or investigation, the employer must make available copies of the I-9 documents presented by the employee.

Impact of the alternative remote procedure on post-COVID-19 inspection requirements

Employers that remotely inspected an employee’s I-9 documents during DHS’s COVID-19 flexibilities have until August 30, 2023, to physically inspect that employees’ documents in person. The new rule does not eliminate the need to meet the August 30, 2023 deadline. However, the new rule allows employers that were enrolled in E-Verify during DHS’s temporary COVID-19 flexible I-9 procedures and used those procedures to complete the I-9 form using remote or virtual document review to use the new alternative remote procedure to satisfy the requirement to physically examine Form I-9 documentation that was examined remotely during the COVID-19 flexibilities.

To qualify for this option, the employer must have: (1) been enrolled in E-Verify at the time the employer performed remote examination of I-9 documents or reverification during the COVID-19 flexibilities; (2) created an E-Verify case for the employee, other than in a reverification situation; and (3) performed remote inspection between March 20, 2020, and July 31, 2023. If the employer qualifies to utilize the new alternative option, then the employer should utilize the new remote I-9 procedure outlined above and write “alternative procedure” in the Additional Information field of the original I-9, along with the date on which the employer conducted the live video interaction to review the employee’s documentation.

Employers that were not enrolled in E-Verify at the time they performed a COVID-19 remote inspection of an employee’s documents cannot use this alternative procedure and must comply with the DHS requirement to physically examine the employee’s I-9 documents in the employee’s physical presence by August 30.

If you have any questions about the Form I-9 process or E-Verify, please contact your designated Fragomen representative or the firm’s Government Strategies and Compliance Group. This alert is for informational purposes only.

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Bloomberg: Trump Wants to Make H-1B Workers More Expensive for US Employers

Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.

Learn more

Video

Portugal Extends Citizenship Timeline | #MobilityMinute

In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.

Learn more

Media mentions

Global Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process

Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.

Learn more

Video

Europe’s Entry and Exit System (EES): What Travelers Need to Know

Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

Learn more

Fragomen news

2026年4月 アメリカ移民法ダイジェストLearn more

Media mentions

Silicon Valley Business Journal: Trump’s H-1B Overhaul Favors Deep-Pocketed Bay Area Firms Over Indian Staffing Agencies

Partner Chad Ellsworth discusses recent H-1B lottery changes, including salary-weighted selection and filing restrictions, and how they are influencing employer selection outcomes and hiring approaches for foreign talent.

Learn more

Work authorization

EB-5 I-526E Request For Evidence Trends: Loans and Property Sales

Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.

Learn more

Work authorization

The Nordic Immigration Paradox: Why Digital Efficiency Still Creates Compliance Risk

Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.

Learn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

Learn more

Media mentions

Bloomberg: Trump Wants to Make H-1B Workers More Expensive for US Employers

Partner Kevin Miner discusses how proposed H-1B salary threshold increases may raise employer costs and influence hiring strategies for specialized talent across industries.

Learn more

Video

Portugal Extends Citizenship Timeline | #MobilityMinute

In this Mobility Minute, Manager Pierangelo D’Errico discusses Portugal’s newly approved nationality law changes and the potential impact on Golden Visa applicants and other foreign residents.

Learn more

Media mentions

Global Mobility Lawyer: AI Use in UK Immigration Tribunals Prompts Scrutiny Over Decision-Making Process

Partner Rajiv Naik highlights the importance of transparency, clear guidance and human oversight as AI use expands in UK immigration tribunals.

Learn more

Video

Europe’s Entry and Exit System (EES): What Travelers Need to Know

Senior Associate Tuğba Özyakup outlines how Europe’s Entry and Exit System (EES) introduces digital tracking of non-EU short-stay travel across the Schengen Area, requiring more proactive planning, accurate record-keeping and awareness of increased border processing times to avoid delays and overstay risks.

Learn more

Fragomen news

2026年4月 アメリカ移民法ダイジェストLearn more

Media mentions

Silicon Valley Business Journal: Trump’s H-1B Overhaul Favors Deep-Pocketed Bay Area Firms Over Indian Staffing Agencies

Partner Chad Ellsworth discusses recent H-1B lottery changes, including salary-weighted selection and filing restrictions, and how they are influencing employer selection outcomes and hiring approaches for foreign talent.

Learn more

Work authorization

EB-5 I-526E Request For Evidence Trends: Loans and Property Sales

Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.

Learn more

Work authorization

The Nordic Immigration Paradox: Why Digital Efficiency Still Creates Compliance Risk

Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.

Learn more

Work authorization

Canada FIFA World Cup 2026 Visa & Entry Requirements

Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.

Learn more

Media mentions

The PIE: Relief for Some OPT Applicants in “Immigration Limbo”

Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.

Learn more

Fragomen news

European Migration Network (EMN) Belgium Report: Labour Migration in Times of Labour Shortages in Belgium

Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."

Learn more

Work authorization

From Investment to EU Residence: Why Italy’s Investor Visa is Gaining Momentum

Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.

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
  • 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.