Since 2020, remote verification of Form I-9 documents has moved from a temporary pandemic flexibility to a permanent option, with important rules and deadlines employers can’t afford to miss.
Here’s exactly where things stand as of November 2025 and what you need to do to stay compliant.
1. Permanent Remote Examination Is Here — But Only If You’re Enrolled in E-Verify
On August 1, 2023, DHS made the alternative procedure for remote document examination a permanent option. However, there is one non-negotiable requirement:
- You must be enrolled in (and remain in good standing with) E-Verify.
- If your organization is not currently participating in E-Verify, you cannot legally use remote verification — even if you have remote employees.
2. Current Flexibility Ends March 31, 2026
DHS has extended the COVID-era “relaxed enforcement” multiple times. The latest extension gives employers until March 31, 2026 to physically re-inspect documents for any I-9s that were completed remotely or with relaxed rules between March 20, 2020 and March 31, 2026.
After April 1, 2026, ICE and USCIS expect full compliance with either:
- In-person physical inspection, or
- The permanent alternative procedure (remote exam + E-Verify)
3. How the Permanent Remote Process Actually Works
If you’re enrolled in E-Verify, the steps are straightforward:
- Employee completes Section 1 on or before first day (as always).
- Within 3 business days, employee has a live video call with an authorized representative.
- During the call, employee shows original documents (same List A or List B+C combinations).
- Examiner checks for authenticity, transmits clear images, and completes Section 2.
- Employer adds “Alternative Procedure” and date of the video exam in the Additional Information field.
- Retain copies of the documents (front and back) with the I-9.
4. Common Pitfalls That Trigger Fines
Even E-Verify employers get hit with paperwork violations. The most frequent issues ICE cites in remote audits:
- Failing to write “Alternative Procedure” and the exam date
- Not retaining document images
- Using recorded videos instead of live interaction
- Letting an unauthorized person act as the agent
5. Two Smart Options for 2026 and Beyond
Option A: Do it yourself Train your HR team, schedule live video exams, manage document images, and handle the extra notation on every I-9.
Option B: Use an Authorized E-Verify Agent (like EMP Trust EVA)
- Nationwide network of USCIS-trained agents available same-day or next-day
- Remote or in-person options
- 100% compliant notation, document retention, and audit trail handled automatically
- Seamless integration with your EMP Trust onboarding platform
6. Action Plan Before March 31, 2026
- Enroll in E-Verify (allow 3–4 weeks)
- Decide whether you’ll self-administer or outsource
- Update your I-9 policy in the employee handbook
- Schedule cleanup for any pre-2023 remote I-9s still outstanding
The Bottom Line
Remote I-9 verification is now a permanent fixture for distributed workforces. But the rules are stricter than most employers realize, and the cleanup deadline is less than five months away.
Get ahead today and avoid the last-minute scramble (and potential six-figure fines) in Q1 2026.
Need help enrolling in E-Verify, cleaning up old I-9s, or setting up fully compliant remote verification? Book a free 15-minute compliance review: https://www.emptrust.com/request-demo
Frequently Asked Questions (FAQs)
Q: Can we still use the old COVID flexibility after March 31, 2026?
A: No. Starting April 1, 2026, any I-9 completed without either in-person inspection or the permanent alternative procedure (with E-Verify) will be considered non-compliant.
Q: Do we have to physically re-inspect every remote I-9 done since 2020?
A: Only if you were using the temporary COVID flexibility. You can “clean them up” by applying the permanent alternative procedure before March 31, 2026 (i.e., live video exam + retain images + add the proper notation). After that date, physical inspection is required for those old forms.
Q: Can the employee’s manager or a coworker act as the authorized representative for remote exam?
A: Yes, any person (even a friend or family member) can act as the representative, but the employer is ultimately responsible for ensuring the exam is done correctly and documents are transmitted securely.
Q: Is a notary required for remote verification?
A: No. A notary is never required for Form I-9 (remote or in-person). Using a notary is optional and does not give extra legal protection.
Q: Do we have to keep copies of the documents if we do remote verification?
A: Yes — under the permanent alternative procedure, you MUST retain clear copies (front and back) of the documents presented.
Q: Can we use third-party remote verification services like EMP Trust EVA if we’re not yet enrolled in E-Verify?
A: No. Even if a third-party handles the live exam, the employer must be an E-Verify participant in good standing to use the alternative procedure.
Q: What happens if we get audited before we finish cleaning up old I-9s?
A: ICE has stated they will consider good-faith efforts to complete the cleanup by March 31, 2026, but it’s safest to finish as early as possible.
