Important Updates
Important Updates
December 22, 2025 | United StatesUnited States: DHS Final Rule on Weighted H-1B Cap Selection Now Under OMB Review
December 23, 2025 | CanadaToronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take
December 22, 2025 | CanadaCanada: 2026 International Experience Canada Program Now Open
December 22, 2025 | CanadaCanada: New Pilot Programs for Caregivers Announced
December 22, 2025 | CanadaCanada: Two Entrepreneurial Programs Paused; New Entrepreneur Pilot Expected
December 22, 2025 | United StatesUnited States: DHS Final Rule on Weighted H-1B Cap Selection Now Under OMB Review
December 23, 2025 | CanadaToronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take
December 22, 2025 | CanadaCanada: 2026 International Experience Canada Program Now Open
December 22, 2025 | CanadaCanada: New Pilot Programs for Caregivers Announced
December 22, 2025 | CanadaCanada: Two Entrepreneurial Programs Paused; New Entrepreneur Pilot Expected
December 22, 2025 | United StatesUnited States: DHS Final Rule on Weighted H-1B Cap Selection Now Under OMB Review
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

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood and Senior Associate Kimberley Ong explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

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

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood and Senior Associate Kimberley Ong explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

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

Gazeta Prawna: Specustawa ukraińska wygasa: Pułapka dla pracodawców po 4 marca 2026

Partner Karolina Schiffter highlights a key development as Poland prepares to extend protection for Ukrainians, pointing to the growing role of the courts.

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.