USCIS Allows For Remote Examination of Employees’ Documents in Certain Situations

In 2022, USCIS started allowing employers who were enrolled in E-Verify to remotely examine their employees’ Form I-9 documents. If employers began using the remote examination method, they must do so consistently with all their employees who started working at that worksite. However, the employer does have the option to only offer the alternative procedure to remote employees and continue to administer the physical examination procedure for all hybrid and on-site employees. The employer must be consistent about their choice of document examination though.

It is not too late to take advantage of this procedure. In order to use the new method of verifying documents, employers must be enrolled in E-Verify and in good standing with the program. They must also ensure that they are retaining copies of the documents for as long as the employee works for them, plus the stated period of time after employment has ended (3 years after the first day of employment or one year after employment ends, whichever is later).

The steps for utilizing the remote examination procedure are as follows:

• Examine copies (front & back if documents are two-sided) of Form I-9 documents or an acceptable receipt to make sure documentation presented is genuine and is related to the worker;
• Administer a live video interaction with the employee to make sure the documents are genuine and relevant to the same individual; and
• Retain clear, legible copies of all documentation.

Indicating Usage of Alternative Procedure on Form I-9

If an employer chooses to use the alternative procedure, they must indicate on the Form I-9 that they have done so by:

• Checking the box to indicate that the alternative procedure was used in the Additional Information field in Section 2 (if using the Form I-9 edition dated (08/19/2023)).
• Note “Additional Procedure” in the Additional Information field in Section 2 (if using the Form I-9 edition dated (10/21/2019)).

Alternative Procedure for Reverification or Rehire

If an employer is using the remote documentation examination for rehiring or reverifying purposes, they should make sure to check the box on Form I-9 in Supplement B (if using the Form I-9 edition dated 08/01/2023). Continue to complete Form I-9 following Form I-9 instructions and guidance and a reminder to not create a new E-Verify case in reverification cases.

Retention of Documents

Additional reminder for employers to retain clear, eligible copies of all documents examined in a paper or electronic format, or in an acceptable combination. Keep the copies for the entire duration of the employee’s stay with the organization, plus the specific period of after employment has ended (3 years after the first day of employment or one year after employment ends, whichever is later).

• The purpose of retaining the documents is to help the DHS audit or assess the authenticity of the document during routine audit.
• Should there be a Form I-9 audit: the employer must make available to the DHS auditor all copies of the identity and employment authorization documentation that the employee had presented for remote examination.