Important Updates
Important Updates
December 17, 2025 | South AfricaSouth Africa: Revised White Paper on Citizenship, Immigration and Refugee Protection Published
December 17, 2025 | BelgiumBelgium: Flanders to Implement Stricter Chain Liability, Reduced Labor Migration Pathways for Lower Skilled Roles, and New Government Fee
December 17, 2025 | BelgiumBelgium: Stricter Application of Family Reunification Visa Application Financial Threshold
December 17, 2025 | IrelandFragomen Ireland Awarded the KeepWell Mark by IBEC
December 17, 2025 | 🌐Minimum Salary Changes Announced
December 17, 2025 | South AfricaSouth Africa: Revised White Paper on Citizenship, Immigration and Refugee Protection Published
December 17, 2025 | BelgiumBelgium: Flanders to Implement Stricter Chain Liability, Reduced Labor Migration Pathways for Lower Skilled Roles, and New Government Fee
December 17, 2025 | BelgiumBelgium: Stricter Application of Family Reunification Visa Application Financial Threshold
December 17, 2025 | IrelandFragomen Ireland Awarded the KeepWell Mark by IBEC
December 17, 2025 | 🌐Minimum Salary Changes Announced
December 17, 2025 | South AfricaSouth Africa: Revised White Paper on Citizenship, Immigration and Refugee Protection Published
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

United States: DHS Seeks Public Comment on Proposed Pilot Program to Allow Remote I-9 Document Examination by Certain Non-E-Verify Employers

August 4, 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

  • DHS is soliciting comments from the public on a proposed pilot program that will allow certain employers not enrolled in E-Verify to use remote I-9 document inspection procedures similar to those recently authorized for qualifying E-Verify employers.
  • DHS proposes to limit participation in the pilot program to employers with 500 or fewer employees.
  • Employers interested in participating in the pilot program will be required to apply for and be accepted into the program and will be subject to certain conditions of participation.
  • Comments on the proposal are due by October 2, 2023.

The issue

Pursuant to its new regulatory authority to authorize alternatives to in-person physical examination of I-9 identity and work authorization documentation, the U.S. Department of Homeland Security (DHS) published a notice in the Federal Register on August 3, seeking public comment on a proposed pilot program that would allow certain employers not enrolled in E-Verify to use remote I-9 documentation examination procedures similar to those recently authorized for qualifying E-Verify employers.

Proposed eligibility criteria for the pilot

Under the DHS proposal, employers enrolled in E-Verify would not be eligible for the pilot program because they may qualify to use the recently launched program allowing remote I-9 document inspection by E-Verify employers. In addition, DHS proposes to limit the pilot program to employers with 500 or fewer employees.

Employers interested in participating in the pilot would be required to complete a formal application. DHS has posted a proposed draft of the application for public comment. 

Proposed conditions for the pilot

DHS is considering several restrictions and conditions on the pilot program. Some of these conditions mirror those applicable to the alternative remote I-9 inspection process for qualified E-Verify employers, including prohibiting discriminatory application of the remote inspection procedure and requiring employers to conduct an in-person physical examination of I-9 documentation if the employee declines to participate in the alternative remote procedure.

Other proposed restrictions and limitations on the pilot program include the following:

  • Employers may be prohibited from using the pilot remote I-9 documentation examination procedures for employees who work onsite or in a hybrid capacity, or they may be provided a timeframe, following the initial remote document examination, during which to physically examine the employee’s Form I-9 documents and compare such documents to the copies on file.
  • Employers may be required to undertake special measures to improve the security of the pilot procedure, such as fraudulent document detection and anti-discrimination training.

Proposed remote I-9 document examination procedure for the pilot

The proposed process for remote inspection of I-9 documentation under the pilot program would largely mirror the process used under the alternative process for qualified E-Verify employers.

Specifically, when completing I-9s using the proposed pilot process, participating employers would need to undertake the following steps within three business days of the employee’s first day of employment:

  • Have the employee transmit to the employer a copy of the Form I-9 identity and work authorization document(s) they wish to present. If a document is two-sided, a copy of both the front and back must be transmitted.
  • Examine copies of the Form I-9 document(s), or an acceptable receipt, to ensure that the documentation presented reasonably appears to be genuine. If a document is two-sided, a copy of the front and back must be examined.
  • Conduct a live video interaction with the employee presenting the document(s) to ensure that the documentation reasonably appears to be genuine and related to the individual. The employee must present the document(s) that were transmitted in copy to the employer.
  • Indicate on the Form I-9 that the employer is participating in the pilot program by entering “Initial Pilot” in the “Additional Information” field in Section 2, and check the box on the new version of the I-9 Form corresponding to use of an alternative procedure.
  • Retain a clear and legible copy of the documentation 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.

 

DHS information gathering in connection with the proposed pilot

DHS plans to gather information from the pilot program to identify the potential effects of the specific pilot procedures on the security of the employment verification system. The agency states that it will evaluate a range of potential effects on system integrity, such as error or fraud rates and discrimination.

Under the proposal, DHS’s U.S. Immigration Customs & Enforcement unit (ICE) would request feedback from participating employers up to twice a year, to collect data such as number of new hires, number of employees who requested to have a physical inspection, and any challenges associated with the pilot procedure.

In addition, like all employers, pilot participants would be subject to audits and investigations, and DHS plans to monitor and evaluate information from audits to assess any measurable impacts on system integrity between the employers that use the pilot program’s alternative procedure and those that continue with physical document inspection.

What’s next

Public comments on the proposed pilot program and associated draft pilot participant application form are due by October 2. Employers interested in submitting comments to DHS on the proposal are invited to contact their designated Fragomen representative or the firm’s Government Strategies and Compliance Group.

After DHS reviews comments received from the public, the agency will determine whether to proceed with the pilot and, if so, will issue a subsequent notice announcing the terms of the pilot. Fragomen will provide updates as they become available.

This alert is for informational purposes only. If you have any questions, please contact your designated Fragomen representative or the firm’s Government Strategies and Compliance Group.

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

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About U.S. Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

The Scotsman: UK Offshore Immigration Crackdown Risks Stifling Growth Unless Policy Meets Reality

Director Kelly Hardman discusses how UK offshore immigration rules are creating challenges for energy and maritime operations.

Learn more

Media mentions

HR Headquarters: Irish Immigration Changes: What Employers Need To Know Now And Into 2026

Partner Ángel Bello Cortés outlines upcoming changes to Ireland’s immigration rules and their implications for employers.

Learn more

Media mentions

ABC7: CA, Other States Sue Trump Admin Over New $100K Fee for H-1B Visas

Partner Chad Ellsworth discussed the new $100,000 H-1B visa fee and ongoing demand for specialized talent across the US tech industry.

Learn more

Media mentions

Caring Times: Home Office Scrutiny Intensifies

Senior Manager Kate Hooper and Associate Naomi Nyamaah explain the importance of maintaining sponsor licences for care providers in the UK.

Learn more

Media mentions

CBC: What We Know About U.S. Proposal to Demand 5 Years of Social Media History From Certain Visitors

Counsel Brian Hunt outlines how the US could scan social media as part of proposed entry requirements for travellers applying through ESTA.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

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.