The U.S. Department of Homeland Security (DHS) has introduced a modernized approach to employee onboarding by updating the Form I-9 and offering a permanent remote verification method for eligible employers. These changes, effective August 1, 2023, aim to simplify compliance—especially for businesses hiring remote employees.
What’s New with Form I-9?
The updated Form I-9 (Rev. 08/01/23) is designed to streamline completion and improve usability, especially for digital formats. Key updates include:
-
Condensed Format: Sections 1 and 2 are now on a single page without removing any required information.
-
Supplements A & B: The Preparer/Translator Certification (Supplement A) and the Reverification/Rehire section (Supplement B) are now separate, used only when needed.
-
Updated Acceptable Documents: Clarified instructions and added examples for receipts and automatic extensions.
-
Shortened Instructions: Reduced from 15 to 8 pages for ease of understanding.
-
Mobile-Friendly: Now fillable on tablets and mobile devices.
-
Remote Verification Checkbox: A new field allows employers to indicate when DHS-authorized remote verification procedures are used.
Employers may use the new form starting August 1, 2023. The previous version (Rev. 10/21/19) can still be used until October 31, 2023. After November 1, 2023, only the new version will be accepted.
DHS-Authorized Remote Verification: A Game-Changer for Remote Hiring
To address the growing remote workforce, DHS has approved an alternative procedure that allows qualifying employers to verify documents virtually. This new method is especially valuable for employers onboarding remote employees and was developed following temporary flexibilities introduced during the COVID-19 pandemic.
What Does the New Process Involve?
Qualified employers using E-Verify can now:
-
Receive digital copies of I-9 documents (both sides if two-sided).
-
Review document copies to ensure authenticity and relation to the employee.
-
Conduct a live video call with the employee to confirm document validity.
-
Check the new box on the I-9 form to confirm the use of remote verification.
-
Maintain clear copies of all documents reviewed.
-
Provide these copies during any federal audits or investigations.
Employers using the older I-9 version during the transition must write “alternative procedure” in Section 2’s Additional Information field.
Who Can Use This Remote Option?
Only employers enrolled and in good standing with E-Verify may utilize this remote verification method. This includes:
-
Employers enrolled in E-Verify for all relevant hiring sites.
-
Those following all E-Verify rules and using the system for all new hires.
-
Employers actively maintaining good standing within the program.
New E-Verify participants are also eligible to adopt this remote process moving forward.
Syncing with the COVID-Era Flexibilities
DHS’s temporary I-9 flexibilities expired on July 31, 2023. Employers who remotely reviewed documents during the pandemic must now complete in-person inspections by August 30, 2023, unless they meet all of the following:
-
Were enrolled in E-Verify at the time of remote inspection;
-
Created an E-Verify case for the employee; and
-
Conducted the remote verification between March 20, 2020, and July 31, 2023.
These employers may use the new remote process to complete the physical inspection requirement.
Final Thoughts for Employers
-
The new alternative process is voluntary. Employers may still choose traditional in-person verification.
-
Businesses may offer remote verification to remote hires only, as long as the process is applied consistently and without discrimination.
-
Employees can request in-person document inspection, and employers must honor such requests.
This remote option provides a welcome solution to the challenges of remote onboarding—but also comes with strict compliance requirements.
Penalties for I-9 violations can reach $2,701 per offense, making accuracy and proper documentation crucial.
EMP Trust encourages employers to stay updated on these changes and ensure proper usage of E-Verify and I-9 procedures to maintain compliance and reduce risk.
