• Insights

United States: DHS Will Allow Qualified E-Verify Employers to Use Remote I-9 Document Inspection Procedures, and Will Issue New Version of I-9 Form

July 21, 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 Department of Homeland Security has finalized a regulation that permits it to create exceptions to in-person physical inspection of documents used in the Form I-9 employment eligibility verification process.
  • In conjunction with the final rule, DHS is creating a permanent remote I-9 document inspection process, effective for new employees hired on or after August 1, 2023, but this alternative process is limited to employers who are enrolled and in good standing in the E-Verify system.
  • Qualifying employers can also use the alternative review process in lieu of undertaking a physical review of documents, to meet the August 30, 2023 deadline for I-9s completed with remote or virtual document review during the COVID-19 emergency, as long as the employer was enrolled in and used E-Verify when the I-9 was initially completed.
  • DHS will issue a new edition of Form I-9, dated August 1, 2023. The new form version will become mandatory for all employers on November 1, 2023.

The issue

The Department of Homeland Security has finalized a regulation that permits it to create alternatives to the requirement that employers conduct an in-person physical inspection of documents during the Form I-9 employment eligibility verification process. As authorized by this new regulation, DHS is also announcing a new remote alternative to the physical inspection requirement for employers that are enrolled and in good standing in the E-Verify electronic employment eligibility verification system. The new regulation and guidance are set to be published in the Federal Register on July 25, 2023, and take effect August 1, 2023.

Beginning August 1, eligible E-Verify employers will be 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.
  • 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 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. However, they must continue to comply with all standard E-Verify requirements.

The new remote alternative is available beginning August 1, and qualified employers may use this remote alternative to complete I-9s for new employees hired on or after August 1. 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. 

The new remote I-9 procedure

Within three business days of an employee’s first day of employment, a qualified employer who 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 will be required to 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 notate “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 new procedure on post-COVID-19 inspection requirements

As we have reported previously, employers who 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 the live video interaction to review the employee’s documentation was conducted.

Employers who 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.

New edition of Form I-9

DHS is issuing a new edition of Form I-9, dated August 1, 2023, which will become mandatory for all employers on November 1, 2023. The new form has not yet been released but is expected to become available for use on August 1.

Employers can use the previous edition, dated October 21, 2019, through October 31, 2023. If an employer uses the 2019 edition of the form and elects to use the new alternative remote inspection procedure, the employer must enter “alternative procedure” in the Additional Information field of Section 2 of Form I-9. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.

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

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

Learn more

Video

UAE – Demographic Diversity Requirements | #MobilityMinute

The UAE’s demographic diversity requirements are designed to encourage a more diverse workforce among companies operating in the mainland jurisdiction. In this Mobility Minute, Manager Devika Thamattat explains the requirements, potential consequences of noncompliance and steps employers can take to help maintain the required nationality balance.

Learn more

Media mentions

Global Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers

Partner K. Edward Raleigh explains how proposed changes to the H-1B salary exemption threshold could affect US employers’ hiring practices and why enactment this year remains unlikely.

Learn more

Video

Family Reunification in Germany: Who Qualifies and How Does It Work?

In this video, Fragomen Senior Manager Katharina Vorländer explains who may qualify for family reunification in Germany, the requirements that may apply, employment and education rights for accompanying family members and important considerations when preparing an application.

Learn more

Media mentions

Dziennik Gazeta Prawna: Nielegalne zatrudnienie cudzoziemca? Pracodawca może stracić więcej niż pieniądze

Partner Karolina Schiffter discusses how digitalization is transforming immigration procedures in Poland and how law firms can adapt to evolving client expectations.

Learn more

Blog post

Who Qualifies for Costa Rica Permanent Residence?

Immigration Supervisor Michael Salas Guzman explains who may qualify for permanent residence in Costa Rica, the key benefits of permanent status and important considerations for foreign nationals planning to live and work in the country long term.

Learn more

Media mentions

BioSpace: As H-1B Visa Changes Keep Coming, Biopharmas Adjust Hiring Approach

Partner Audrea Golding discusses how H-1B visa changes, including the $100,000 fee and weighted selection process, are affecting biopharma hiring and access to global talent.

Learn more
Generic Insights

Blog post

EU Visa Code Reform: Priorities for Better Schengen Business Travel

Senior Counsel Jo Antoons and Immigration Supervisor Elisabeth Kamm outline Fragomen Consulting Europe’s recommendations for EU Visa Code reform, including more consistent business travel rules, improved visa appointment access, greater transparency and a potential Schengen-wide trusted-employer framework.

Learn more

Blog post

Argentina Announces New Citizenship by Investment Programme: What Investors Need to Know

In a new blog, Manager Sophie Jo Wasson and Country Manager María Inés Menvielle explore what is known so far, the potential mobility benefits of Argentine citizenship and what prospective applicants should consider as implementation develops.

Learn more

Media mentions

Conexão Ásia: Além da China, profissionais das Filipinas, Índia, Japão e Bangladesh se destacam na imigração laboral asiática para o Brasil

Managing Director Diogo Kloper examines how immigration trends reveal the diverse economic ties between Brazil and Asia and the role of international mobility in supporting business growth.

Learn more

Media mentions

AILA Law Journal: Administrative Proxies in Immigration Adjudication

Partner David Grunblatt examines how USCIS uses administrative proxies in immigration adjudication and explains why these tools must support, rather than replace, statutory standards and individualized legal analysis.

Learn more

Blog post

International Talent in the Netherlands: Building a Talent Pipeline Without Losing Sight of Compliance

Manager Cherida Hooijer and Immigration Assistant Manager Kaatje Droesbeke examine how employers in the Netherlands can build an international student-to-graduate talent pipeline while managing the immigration and employment compliance requirements that apply at each stage.

Learn more

Video

Moving to Costa Rica? Visa and Residency Options Explained

Senior Immigration Program Manager Ana Carro explains Costa Rica's immigration pathways for digital nomads, retirees, individuals with stable income and investors, highlighting key eligibility requirements and considerations for choosing the appropriate option.

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
October 28, 2026 | MalaysiaMalaysia: Additional Permission to Study and Second Work Location Applications Moving Online
October 29, 2026 | CanadaCanada: New Penalties for Unauthorized or Fraudulent Immigration and Citizenship Services
October 29, 2026 | PolandPoland: Notarial Service Fee Increase
October 28, 2026 | CanadaCanada: Temporary Measures for Haitian and Sudanese Nationals Updated
October 28, 2026 | United StatesGlobal Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers
October 28, 2026 | MalaysiaMalaysia: Additional Permission to Study and Second Work Location Applications Moving Online
October 29, 2026 | CanadaCanada: New Penalties for Unauthorized or Fraudulent Immigration and Citizenship Services
October 29, 2026 | PolandPoland: Notarial Service Fee Increase
October 28, 2026 | CanadaCanada: Temporary Measures for Haitian and Sudanese Nationals Updated
October 28, 2026 | United StatesGlobal Mobility Lawyer: Proposed H-1B Changes Could Increase Hiring Costs for Visa-Dependent Employers
October 28, 2026 | MalaysiaMalaysia: Additional Permission to Study and Second Work Location Applications Moving Online
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.