Compliance Toolkit

Remote I-9 Verification Is Legal — but Only for E-Verify Employers

If your U.S. subsidiary hires anyone — including your own L-1 executives and H-1B staff — you are a U.S. employer with Form I-9 obligations. Since August 1, 2023, DHS has allowed a permanent "alternative procedure" for examining identity and work-authorization documents remotely, replacing the expired COVID-era flexibilities.1 The catch: it is available only to employers enrolled in E-Verify and in good standing, and skipping any step converts a convenience into a compliance violation.

Who Qualifies and How the Procedure Works

The alternative procedure, adopted by DHS final rule on July 25, 2023, may be used only at hiring sites enrolled in E-Verify where the employer is in good standing and creates E-Verify cases for all new hires at that site.2 For each remote verification, the employer must complete all of the following:

  • Receive copies (front and back) of the employee's documents and confirm they appear genuine.
  • Conduct a live video interaction in which the employee presents the same documents.
  • Retain clear, legible copies of the documents with the Form I-9.
  • Check the alternative procedure box on the current Form I-9 (edition 08/01/23) in Section 2 or Supplement B for reverification.

Employers must apply the option consistently. You may offer remote verification only to remote hires while examining on-site hires in person, but you may not select employees based on citizenship status or national origin — a particular sensitivity for Chinese-owned employers whose workforce mixes foreign-national transferees and U.S. workers.1

Where Employers Get It Wrong

The most common failures we see: using remote examination without E-Verify enrollment; completing the video call but forgetting to check the alternative procedure box; failing to retain document copies; and never creating the E-Verify case. Each is treated as an improper verification, and I-9 paperwork penalties currently run up to $2,861 per form for first-time violations.3 With worksite enforcement and ICE audit activity elevated in 2026, an internal I-9 audit is cheaper than a Notice of Inspection.

Employer Action Items

  • Confirm this week whether each hiring site using remote verification is actually enrolled in E-Verify and in good standing.
  • Audit all I-9s completed remotely since August 2023 for the checked alternative procedure box, retained document copies, and a matching E-Verify case.
  • Adopt a written policy stating which hires (e.g., all fully remote employees) receive remote verification, applied without regard to citizenship or national origin.
  • Verify HR is using the current Form I-9 edition (08/01/23) and train staff on the video-interaction steps before the next onboarding cycle.

This newsletter is for general informational purposes only and does not constitute legal advice. Attorney advertising. © The Peng Law Group.