• 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

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Media mentions

Konfederacja Lewiatan: Ekspertyza przedstawiająca skutki zmian legislacyjnych oraz ich praktyczne konsekwencje dla osób objętych ochroną czasową

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Media mentions

Konfederacja Lewiatan: Ekspertyza przedstawiająca skutki zmian legislacyjnych oraz ich praktyczne konsekwencje dla osób objętych ochroną czasową

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

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 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
Important Updates
Important Updates
July 1, 2026 | South AfricaSouth Africa: Increased Immigration Enforcement Actions Targeting Undocumented Foreign Workers
July 1, 2026 | India India: Electronic Overseas Citizen of India Card Launch to Reduce Administrative Hurdles and Streamline Entry
July 1, 2026 | United StatesBloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges
July 1, 2026 | IndonesiaIndonesia: Processing Delays Following Ongoing Anti-Corruption Investigations
July 1, 2026 | PanamaPanama: Visa-Free Entry Introduced for Dominican Nationals
July 1, 2026 | South AfricaSouth Africa: Increased Immigration Enforcement Actions Targeting Undocumented Foreign Workers
July 1, 2026 | India India: Electronic Overseas Citizen of India Card Launch to Reduce Administrative Hurdles and Streamline Entry
July 1, 2026 | United StatesBloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges
July 1, 2026 | IndonesiaIndonesia: Processing Delays Following Ongoing Anti-Corruption Investigations
July 1, 2026 | PanamaPanama: Visa-Free Entry Introduced for Dominican Nationals
July 1, 2026 | South AfricaSouth Africa: Increased Immigration Enforcement Actions Targeting Undocumented Foreign Workers
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.