Checklist | Remote Examination of Form I-9 Documents

Employer Eligibility

Is the organization enrolled in E-Verify?

Only employers who are enrolled in E-Verify have the option to verify employee identity and employment authorization documents remotely.

Is the organization currently in good standing with E-Verify?

USCIS conducts account compliance activities to prevent misuse, abuse, discrimination, breach of privacy and fraudulent use of E-Verify under applicable laws, rules, regulations and agency policies. Organizations are in good standing if they:

·       Are enrolled in E-Verify with respect to all hiring sites that use the alternative procedure to examine documents remotely

·       Use E-Verify to confirm the employment eligibility of newly hired employees in the United States

·       Comply with all other requirements of the E-Verify program

Has the organization adequately trained in-house to use E-Verify?

New E-Verify enrollees and users must complete an E-Verify tutorial that includes fraudulent document awareness training. Existing employers who are already enrolled in E-Verify have access to this tutorial and may retake it at any time.

Completing Section 2 of Form I-9

Is the organization consistently using the remote verification policy consistently for all employees at each specific hiring site?

Organizations may choose to offer the alternative procedure for remote hires only but continue to apply physical examination procedures to all employees who work on-site or in a hybrid capacity, so long as they do not adopt such a practice for a discriminatory purpose or treat employees differently based on their citizenship, immigration status or national origin (for example, organizations cannot decide that certain employees are not eligible for remote examination of their documentation).

Procedures for Remote Examination of Form I-9 Documents

Does the documentation presented reasonably appear to be genuine?

Documents and acceptable receipts must be examined (front and back, if the document is two-sided) and reasonably appear to be genuine and related to the employee who presents them.

Has live video interaction taken place?

Organizations must conduct a live video interaction with the individual presenting the documents to ensure that the documentation reasonably appears to be genuine and relates to the individual. The employee must first transmit a copy of the documents to the organization and then present the same documents during the live video interaction.

Has the organization checked the appropriate box?

On the Form I-9 dated “08/01/2023,” check the box to indicate that the organization used an alternative procedure in the Additional Information field in Section 2.

Has the organization correctly annotated the form for remote verification of documents?

On the Form I-9 dated “10/21/2019,” annotate the form with “Alternative Procedure” in the Additional Information field in Section 2.

Please note that organizations do not have to complete this step if using the Form I-9 dated “08/01/2023.” Starting Nov. 1, 2023, employers must only use the form dated “08/01/2023.”

Has a copy of the documentation been retained?

Organizations must retain a clear and legible copy of the front and back of the documents presented.

Has the employer created a case in E-Verify?

Once an employer enters an employee’s Form I-9 information into E-Verify, E-Verify confirms the employee’s employment eligibility by comparing the employee’s Form I-9 information against records from the U.S. Social Security Administration and the U.S. Department of Homeland Security. The process of verifying an individual’s employment eligibility is referred to as a “case.”

Procedures for Completing Form I-9 for Reverification or Rehire Conducted Remotely

Has the organization completed the remote documentation examination for a rehire or reverification?

If employers are completing the remote documentation examination for a rehire or reverification, check the box on Form I-9 Edition “08/01/2023” in Supplement B.

Has the organization completed Form I-9 for the reverification or rehire?

Continue to complete the Form I-9 according to Form I-9 instructions and related guidance on I-9 Central and in the M-274 Handbook for Employers.

Employers do not need to create a new E-Verify case to recertify the employment eligibility of a current employee.

Form I-9 Document Retention Requirements

Has the organization retained Form I-9 documents examined during remote verification?

Employers must retain a clear copy (front and back, if two-sided) of all documents examined in a paper or electronic format, or in an acceptable combination, for as long as the employee works for the organization, plus the specified period after their employment has ended.