Compliance Toolkit

Remote I-9 Document Review Is Available Only to Employers Enrolled in E-Verify

The bottom line for employers: every US entity — including a newly formed subsidiary hiring its first L-1 executive — must complete Form I-9 for each employee within three business days of the start date.1 Since August 1, 2023, DHS has allowed a permanent "alternative procedure" for checking identity and work-authorization documents by live video instead of in person.2 The catch: it is available only to employers enrolled in E-Verify and in good standing. If your startup hires remote staff without E-Verify, someone must still examine original documents in person — every time.

How the Remote Procedure Works

The steps are simple but strict. First, the employee sends copies (front and back) of their documents — for example, a passport or a driver's license plus Social Security card. Second, you hold a live video call with the employee, who presents the same documents on camera while you confirm they appear genuine and match the copies. Third, you check the "alternative procedure" box on Form I-9, retain the document copies with the form, and create an E-Verify case for the new hire.2 Skipping any step — a recorded video instead of live, no retained copies, no E-Verify case — turns the convenience into a violation. I-9 paperwork penalties currently run up to $2,861 per form even when the worker is fully authorized.3

Why This Matters for L-1/EB-1C Startups

Founders building the US operation that will later support an EB-1C petition should treat I-9 compliance as part of the immigration file itself. USCIS evaluates whether the company is a real, doing-business enterprise; an ICE audit finding or civil fines are exactly the kind of record you do not want alongside an I-140. Note two limits: E-Verify enrollment applies to new hires only and is prospective — it does not cure past I-9 gaps. And the remote procedure must be applied consistently: you may limit it to remote hires, but you cannot pick and choose among similarly situated employees based on citizenship or national origin, which risks a discrimination claim under the INA's anti-discrimination provision.2

Employer Action Items

  • Enroll the US entity in E-Verify before extending the first remote offer, since the alternative procedure is unavailable otherwise.
  • Complete Section 2 (including the live video review) within three business days of each employee's start date.
  • Retain clear copies of all documents examined remotely and check the alternative-procedure box on the Form I-9.
  • Apply the remote procedure consistently to similarly situated hires to avoid anti-discrimination exposure.
  • Conduct a counsel-guided internal I-9 audit annually and correct errors using DHS-approved correction methods.

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