• 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

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three 2026 Cartus awards recognizing the firm’s immigration services, sustainability efforts and commitment to global citizenship.

Learn more
Generic Insights

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

The Compliance Risks of International Remote Working and Hush Trips

International remote working can offer valuable flexibility, but undisclosed “hush trips” may expose employers to immigration, social security, insurance, employment-law and tax risks that they cannot properly assess or manage.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger examines recent policy changes and litigation affecting the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence, and the considerations for US employers recruiting and retaining early-career international talent.

Learn more

Media mentions

The National Interest: How Boosting Your Privacy Will Make America More Secure

Managing Director, Digital Identity Amit Sharma explores how digital identity can strengthen privacy and security.

Learn more

Media mentions

CEDA: The Drive to Reduce Net Overseas Migration and the Challenges for Business

Managing Partner, Australia and New Zealand Teresa Liu discusses how Australia’s efforts to reduce net overseas migration are affecting businesses amid ongoing skilled workforce shortages.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

Learn more

Fragomen news

Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.Learn more

Awards

Fragomen Receives Three 2026 Cartus Awards

Fragomen received three 2026 Cartus awards recognizing the firm’s immigration services, sustainability efforts and commitment to global citizenship.

Learn more
Generic Insights

Blog post

Net Migration Policy: An Explainer Comparing Australia, Canada and the UK

Partner Jack (Eui Chul) Kim, Senior Counsel Dr. Anna Boucher, UK Government Affairs Strategy Director Shuyeb Muquit and Articling Student David Mucz examine how Australia, Canada and the UK measure net migration. They compare efforts to reduce migration with the need to maintain access to international talent, and explain the potential effects on employers, labor markets and economic growth.

Learn more

Media mentions

Bloomberg Law: White House H-1B Order Puts Employer Layoffs Under Microscope

Partner K. Edward Raleigh discusses how US employers should consider displacement and conduct a risk analysis when assessing H-1B filings in light of recent policy changes.

Learn more

Blog post

The Compliance Risks of International Remote Working and Hush Trips

International remote working can offer valuable flexibility, but undisclosed “hush trips” may expose employers to immigration, social security, insurance, employment-law and tax risks that they cannot properly assess or manage.

Learn more

Blog post

The Narrowing Talent Pipeline: From International Student to Corporate America

Counsel Susan Steger examines recent policy changes and litigation affecting the pathway from F-1 study and practical training through H-1B sponsorship and permanent residence, and the considerations for US employers recruiting and retaining early-career international talent.

Learn more

Media mentions

The National Interest: How Boosting Your Privacy Will Make America More Secure

Managing Director, Digital Identity Amit Sharma explores how digital identity can strengthen privacy and security.

Learn more

Media mentions

CEDA: The Drive to Reduce Net Overseas Migration and the Challenges for Business

Managing Partner, Australia and New Zealand Teresa Liu discusses how Australia’s efforts to reduce net overseas migration are affecting businesses amid ongoing skilled workforce shortages.

Learn more

Media mentions

Australian Broadcasting Corporation: Overnights

Senior Counsel Dr. Anna Boucher discusses Australia’s net migration figures and recent changes to the country’s migration policies.

Learn more

Blog post

Can International Graduates in the Netherlands Qualify for the 30% Ruling? Eligibility Rules Explained

Tiemen Peters, Silvia Norte Mercade and Soraya Driessen outline when international graduates who studied in the Netherlands may qualify for the 30% ruling and the key eligibility, timing and compliance considerations for graduates and employers.

Learn more

Blog post

Right to Work Changes: What Do They Mean for Employers in Northern England?

Manager Ko Ito, Senior Immigration Consultant Danielle Barks, Associate Naureen Malik and Trainee Solicitor Amna Ali outline how the expanded UK Right to Work Scheme could affect employers in Northern England and the practical steps businesses can take ahead of the 1 October 2026 changes.

Learn more

Media mentions

Business Traveller: Six Months in, the EU’s Entry/Exit System Isn’t Working

Partner Christine Sullivan discusses the implementation of the EU’s Entry/Exit System (EES) across member states and at border crossing points.

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
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
September 24, 2026Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.
September 24, 2026 | CanadaFragomen Receives Three 2026 Cartus Awards
September 24, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
September 24, 2026 | QatarQatar: Wage Protection System Rules Amended
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
September 24, 2026Comment on DHS Proposed $103,265 Fee on Cap-Subject H-1B Petitions.
September 24, 2026 | CanadaFragomen Receives Three 2026 Cartus Awards
September 24, 2026 | 🌐Middle East - The Latest News on Mobility and Travel Considerations
September 24, 2026 | QatarQatar: Wage Protection System Rules Amended
September 23, 2026 | South AfricaSouth Africa: New Law Would Increase Locals in Labor Market
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.