Completing the Form I-9 is a critical step for all U.S. employers when hiring new employees. The process is designed to verify both identity and employment authorization. Traditionally, this process has required in-person review of original documentation provided by the employee. However, eligible employer may use a remote verification as an alternative option. Here’s what you need to know.

The Standard I-9 Process: In-Person Verification

The Form I-9 is divided into multiple parts:

1. Section 1 (Employee Responsibility)
   – On or before the employee’s first day of work for pay, the employee must complete Section 1 of Form I-9.
   – The employee provides personal information, attests to their citizenship or immigration status, and signs the form.

2. Section 2 (Employer Responsibility)
   – Within three business days of the employee’s first day of work, the employer must physically examine the employee’s original documents in the employee’s presence.
   – Employees must be given the “List of Acceptable Documents” and can choose whether to provide one document from List A or a combination of one from List B and one from List C. The employer must record the document information in Section 2 and certify under penalty of perjury that the documents reasonably appear genuine and relate to the employee.
   – The employer must then sign and date Section 2.

3. Supplement B for Reverification or Rehire (Employer Responsibility) (formerly Section 3)
   – Supplement B is completed when an employee’s work authorization has expired and must be reverified, or when a former employee is rehired within three years of the date the original Form I-9 was completed.
   – Reverification must be completed no later than the date the employee’s current work authorization expires. Employers cannot allow employees to continue working beyond the expiration date without updated documentation.
   – For reverification, the employee must present a valid document from either List A or List C that shows continued employment authorization. List B documents (identity only) may not be used for reverification.
   – Employers must ensure the information in Supplement B is accurate, sign and date the certification, and retain the updated Form I-9 along with the original.

Alternative Procedure for Remote Verification Option

The core requirement has always been in-person examination of original I-9 documents. However, in August 2023, the Department of Homeland Security (DHS) introduced a permanent alternative procedure that allows certain employers to verify I-9 documents remotely. This option was created in response to the need for flexibility in a workforce with increasing remote employees.

Who Is Eligible?

Not every employer can use this remote process. To utilize the remote verification option:

• The company must be enrolled in E-Verify with respect to all hiring sites in the United States that use the alternative procedure and the employer must remain in good standing with e-verify 
• The company must apply it consistently for all employees at a given worksite. Employers may choose to offer the alternative procedure for remote hires only, but continue to apply physical examination procedures to all employees who work onsite or in a hybrid capacity as long as the employer does not do this as a way to discriminate or treat employees differently. 
• Employers enrolling in e-verify must complete an e-verify tutorial. 

Remote Verification Requirements

When using the remote option, employers must:

1. Receive copies (front and back, if two-sided) of the employee’s I-9 documents.
2. Conduct a live video interaction with the employee, where the employee presents the same documents for review to ensure that the documentation reasonably appears to be genuine and related to the individual.
3. Annotate Form I-9 by checking the box indicating that the alternative (remote) procedure was used. (On the Form I-9 there is a box to check for using this alternative procedure)
4. Retain copies of all documents presented (front and back if the documentation is two-sided).
5. Be prepared in the event of an official government audit to make available the clear and legible copies of the identity and employment authorization documentation presented by the employee for document examination that was presented.
6. Continue to follow E-Verify requirements.

This process ensures both the integrity of the verification process and flexibility for remote and hybrid workplaces. Note: All timelines for completing Section 1, Section 2, and Supplement B remain the same regardless of whether the workplace is remote, hybrid, or on-site.

 If You Don’t Qualify for Remote Verification

If your company does not meet the criteria for the remote option, you must still follow the traditional in-person process. For remote employees who cannot travel to your worksite, employers may designate an authorized representative to complete the in-person verification on the employer’s behalf. For example, the employer can designate a personnel officer, foremen, notary public (should not provide notary seal on Form I-9), agent, or anyone acting directly or indirectly in your or your agent’s interest. 

The employer remains responsible for any errors or violations on Form I-9, even if a third party completes the form, so it’s important to select a reliable representative and provide clear instructions on proper completion procedures.

Conclusion

The Form I-9 verification process remains a cornerstone of employment eligibility verification. While the standard rule still requires in-person review of original documents, DHS has introduced a permanent remote option for employers enrolled in E-Verify. For those who qualify, this alternative adds much-needed flexibility to the hiring process. For employers who are not eligible, designating a trusted third party ensures compliance while supporting remote hires.

By: Krystal Alanis

Krystal Alanis is a Partner at Reddy Neumann Brown PC and manages the firm’s PERM Labor Certification Department, where she oversees all EB-2 and EB-3 employment-based green card matters. Krystal guides clients from a variety of industries through the maze of the PERM Labor certification process and has handled thousands of PERM applications throughout her career with Reddy Neumann Brown PC. Krystal also guides employers and individuals through the I-140 and Adjustment of Status process, and assists clients with temporary work visa petitions (e.g., H-1B, TN, L-1, E-2). With over 13 years of immigration experience, Krystal is able to advise her clients with confidence and recognize any potential pitfalls that may arise.