Authored By: GryphonHR Blog Contributor
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Virtual Form I-9 Verification and HR Tech Transformation
August 11, 2023
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The landscape of employment eligibility verification is evolving, and on August 3, 2023, the Department of Homeland Security (DHS) unveiled a groundbreaking proposal that could reshape how employers verify their employee’s eligibility to work in the United States. A 60-day notice was published to the Federal Register by Immigration and Customs Enforcement (ICE) regarding a proposed pilot program for virtual I-9 inspections. Employers and stakeholders have been invited to comment on the proposed rule until October 2, 2023. Public comments can be submitted via the Federal eRulemaking Portal website under e-Docket ID number ICEB–2023–0007. It's important to note that submitting information through this channel makes it public.
The proposed Pilot Program for virtual Form I-9 document inspections, known as Non-E-Verify Remote Document Examination Pilot 1, is poised to bring convenience, efficiency, and adaptability to employers not currently enrolled in E-Verify.
This innovative program aims to introduce a remote verification process for Form I-9, potentially revolutionizing the way employers handle employment verification while maintaining the integrity of the system. Under this proposed rule, employers would have the opportunity to embrace virtual inspections, catering to the needs of a remote workforce and employees scattered across the nation. However, while this program offers several advantages, it's essential for businesses to assess whether this approach aligns with their operational requirements and objectives.
On August 1, 2023, a new Form I-9 was made available, in addition to a new alternative document examination option for remote I-9 verification that only applies to employers enrolled in E-Verify. More information about the new form, the alternative document review options, and E-Verify can be found in our recent blog here.

The new proposed pilot program will apply to employers who are not enrolled in E-Verify and employ less than 500 employees.
Understanding the Proposed Pilot Procedure
The Non-E-Verify Remote Document Examination Pilot 1 program is designed to explore the effects of remote verification on the security of the employment verification system. U.S. Immigration and Customs Enforcement (ICE) will closely evaluate aspects such as error rates, fraud detection, and potential discrimination. Unlike E-Verify employers, non-E-Verify employers would have access to this procedure, which involves the following steps within three business days of an employee's first day of work:
- Document Examination: Employers must examine copies (front and back, if applicable) of Form I-9 documents or an acceptable receipt to ensure their authenticity.
- Live Video Interaction: A live video interaction must be conducted with the employee presenting the documents. The employee transmits copies of the documents beforehand and then presents the same documents during the live video interaction.
- Record Alternative Procedure: Employers must indicate on the Form I-9 that an alternative procedure was used for document examination.
- Retention of Copies: Clear and legible copies of the documentation must be retained, adhering to relevant regulations.
- Audit Compliance: In the event of an audit or investigation, employers must provide clear and legible copies of the identity and employment authorization documentation.
Participation and Considerations
The Pilot Program offers the potential for wide employer participation, although it might be limited to businesses below a certain size threshold, such as 500 employees. Employers wishing to participate would complete a form, and ICE would periodically collect feedback data to refine the program. Participating employers would be required to maintain electronic copies of all supporting documentation provided by individuals, potentially including anti-fraud and anti-discrimination training.
However, it's crucial for employers to assess whether the virtual Form I-9 inspection aligns with their business model. For employees working onsite or in a hybrid capacity, there may be limitations on using the virtual procedure, requiring physical document examination.
Navigating the Future of Employment Verification
The DHS's proposed Non-E-Verify Remote Document Examination Pilot 1 is undeniably a game-changer in the realm of employment eligibility verification. This initiative offers employers the flexibility to conduct virtual Form I-9 inspections, catering to the needs of modern workforces and decentralized teams. While this opportunity can bring significant advantages, it's paramount for businesses to assess their unique circumstances before embracing this new approach. Changes in verification procedures can introduce uncertainties, making careful evaluation crucial. As the program proceeds through the comment and implementation phases, employers have a valuable opportunity to contribute to shaping the future of employment verification in the United States.
As the landscape of employment eligibility procedures and mandates undergoes transformations, it becomes imperative to utilize appropriate technology. This might involve adopting a Form I-9 solution capable of swift adaptation to align with the evolving Form I-9 and E-Verify regulations. Suppliers of Form I-9 software must ensure their offerings deliver convenience, efficiency, and robust assistance in maintaining compliance. However, it's crucial to bear in mind that not all providers of Form I-9 compliance software possess the capability to provide timely updates to ensure compliance. Neglecting this aspect could potentially expose employers to substantial fines and penalties.
Discover GryphonHR's Initiatives: Simplifying Form I-9 and E-Verify Compliance
GryphonHR is at the forefront of efforts to assist employers in streamlining the complexities of Form I-9 and E-Verify compliance. Our platform is designed to seamlessly integrate evolving regulations, providing a user-friendly and efficient experience. Witness our platform in action today and explore how it can effectively support your compliance efforts. Connect with one of our Form I-9 experts to gain valuable insights and assistance tailored to your needs. Don't navigate the compliance landscape alone—partner with GryphonHR for enhanced compliance simplicity. Contact us to learn more.
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On Friday June 20, 2025, USCIS sent an e-mail to E-Verify employers and posted information on its website about a new “Status Change Report” that lists revoked Employment Authorization Documents (EADs) for certain impacted employees. Employers that obtain this report and see a status change for EADs need to check-in with their employees who presented the EADs on the list and reverify their employment authorization, providing the opportunity to present other documentation as proof of continuing work authorization. The Department of Homeland Security (DHS) is presently revoking the EADs of parolees who were granted work authorization. It’s possible that while in the U.S., impacted employees may have obtained a different work authorized status and have another basis for employment. (For example, an employee who entered as a parolee under the CHNV program may have applied for asylum and have an EAD based on that application.) The E-Verify notices sent and posted on June 20 link to an EAD Revocation Guidance For E-Verify Employers | E-Verify. This guide includes a table that lists the “Date Employee’s EAD was Revoked” (currently listed as range) and the “Date Information Available in E-Verify Status Change Report” (currently June 20, 2025). The E-Verify notices indicate that the case status report will be “regularly updated as DHS revokes EADs”. Direct E-Verify user employers must run the reports in their E-Verify accounts. Employers working with an E-Verify agent must obtain the report from the E-Verify agent. Employers that do not regularly review reports and take required action (re-verification or termination, depending on evidence of continuing employment) run the risk of continuing to employ unauthorized workers.
The Form I-9 employment verification process has been a routine part of hiring in the United States, ensuring that businesses verify the work authorization of their employees. However, for organizations with remote workforces, the traditional requirement of in-person document verification has posed significant logistical and administrative challenges. To address these concerns, the Department of Homeland Security (DHS) introduced the alternative procedure for Form I-9 document verification in 2023, which allows qualifying employers to complete the verification process remotely. While this new option provides greater flexibility, it also comes with eligibility criteria and compliance requirements that organizations must fully understand before implementation. In this article, we will break down the DHS alternative procedure policy requirements, explain what employers need to do to stay compliant, and highlight how GryphonHR’s I-9 compliance solutions can help businesses navigate this evolving landscape. What is the DHS Alternative Procedure? The DHS alternative procedure, introduced on August 1, 2023, enables certain employers to verify Form I-9 documents remotely rather than conducting in-person inspections. This policy was developed following the expiration of COVID-19 temporary flexibilities, which had allowed remote document verification due to pandemic-related restrictions. Under this new procedure, eligible employers can use live video interaction to verify employee identity and work authorization documents instead of requiring physical presence. However, this option is not available to all employers—only those who meet specific DHS and E-Verify participation requirements may use it. Eligibility Requirements for Using the Alternative Procedure Employers must meet several key requirements to qualify for the DHS alternative procedure: 1. Active E-Verify Enrollment To use remote I-9 verification, employers must: Be enrolled in E-Verify at the time of verification. Be in good standing with E-Verify, meaning they have complied with program rules. Have completed an E-Verify case for every employee for whom they use the alternative procedure. 2. Consistent Application Across the Workforce Employers cannot selectively apply the alternative procedure on a case-by-case basis. Instead, they must: Use the same verification method for all employees at a specific worksite or hiring location. Apply the alternative procedure consistently for all remote hires (if choosing to use it for remote workers). Ensure no discriminatory practices in how the procedure is implemented. Employers still have the option to conduct in-person document verification if they prefer. However, once the alternative procedure is chosen for a group of employees, it must be used uniformly to maintain compliance. 3. Live Video Interaction Requirement Employers must personally review documents during a live video call—simply receiving scanned copies of documents via email is not enough. The process includes: Employees submitting copies (photos or scans) of their identity and work authorization documents. Employers scheduling a real-time video call to examine the physical documents while the employee presents them on-screen. Confirming that the documents appear genuine and belong to the employee. This step ensures that employers properly verify the documents before completing Section 2 of Form I-9. 4. Document Retention and Recordkeeping Unlike the traditional in-person verification process, the alternative procedure requires employers to: Retain copies of all documents that employees present for verification. Store these copies securely for the entire retention period required under Form I-9 rules (typically three years after the date of hire or one year after termination, whichever is later). Ensure that records are easily accessible in case of an audit or compliance review. Steps for Employers to Implement the Alternative Procedure For employers who meet the eligibility criteria, the process of using the DHS alternative procedure involves four key steps: Step 1: Employee Submits Documents The employee provides digital copies of their Form I-9 documents before the live video call. Employers must ensure that the copies are clear and legible. Step 2: Live Video Verification Employers schedule and conduct a live video meeting with the employee. The employee physically holds up their original documents for verification. The employer verifies that the documents match those submitted and appear authentic. Step 3: Form I-9 Notation and Completion The employer completes Section 2 of Form I-9, indicating that the alternative procedure was used. A checkbox is available in Section 2 to confirm remote verification. Step 4: Secure Document Storage The employer retains copies of the documents in a secure digital or physical format for recordkeeping. The documents must be accessible for DHS or ICE audits if requested. Potential Compliance Risks and Challenges While the alternative procedure offers convenience, it also introduces new compliance risks that employers must carefully manage. 1. Discrimination and Inconsistent Application Employers must avoid discrimination claims by applying the alternative procedure uniformly and ensuring it is not used selectively in a way that disadvantages any employee or group of employees. 2. Security and Data Privacy Storing employee document copies creates additional data security responsibilities. Employers should use encrypted digital storage and implement access controls to protect sensitive information. 3. Audit Readiness Since DHS may conduct audits to review compliance, employers must ensure they have complete E-Verify records for all employees verified remotely, properly stored document copies, and they have followed all steps required by the alternative procedure. How GryphonHR Simplifies I-9 Compliance for Remote Verification Managing Form I-9 verification—especially under the DHS alternative procedure—requires advanced compliance tools, secure document management, and seamless automation. GryphonHR’s I-9 compliance platform provides a comprehensive solution to help employers navigate the complexities of remote verification. Why Choose GryphonHR for Your I-9 Process? Seamless Remote I-9 Verification – GryphonHR’s platform supports live video-based verification, ensuring compliance with DHS rules. Automated E-Verify Integration – GryphonHR streamlines E-Verify case submissions, reducing manual errors and delays. Secure Digital Document Storage – Employers can securely store and manage employee documents, ensuring audit readiness. Compliance Alerts & Guidance – GryphonHR provides real-time compliance tracking, helping HR teams avoid risks and maintain consistency. Virtual I-9 remote completion – engage with GryphonHR as a virtual agent and have your employees meet with us remotely to complete the I-9 using the DHS alternative procedure method. The DHS alternative procedure represents a major step forward in modernizing employment verification, but it also demands strict adherence to federal compliance rules. GryphonHR helps employers navigate these changes by automating remote verification, enhancing security, and ensuring full I-9 compliance. Ready to Upgrade Your I-9 Process? Contact GryphonHR today to learn how our I-9 compliance solutions can help you streamline remote verification, reduce compliance risks, and improve hiring efficiency.
In today’s complex regulatory environment, employers must prioritize compliance with various labor and immigration laws, especially when it comes to verifying the identity and work eligibility of employees. The Form I-9, required by U.S. Citizenship and Immigration Services (USCIS), is a crucial document for ensuring that employers are hiring individuals who are authorized to work in the United States. Regular I-9 audits are essential to avoid costly penalties, ensure workforce compliance, and streamline the hiring process. 1. Understand the I-9 Requirements Before embarking on an I-9 audit, it’s important to have a thorough understanding of the requirements associated with the form. The Form I-9 must be completed for every employee hired after November 6, 1986, and must be retained for at least three years after the date of hire, or for one year after the employee’s employment is terminated—whichever is later. The form is divided into three sections: Section 1 : The employee’s personal information, including citizenship status. Section 2 : The employer’s verification of the employee’s documents to confirm work eligibility. Supplement B (formerly Section 3) : Used for reverification or rehires. The forms must be accurately completed, and the documentation provided by employees should be examined and verified. Incomplete or incorrect forms can lead to penalties. 2. Prepare for the Audit An I-9 audit begins with preparation. To ensure you conduct a smooth and effective audit, follow these steps: a. Review Existing Policies and Procedures Start by evaluating your current I-9 procedures. Ensure that your HR team or hiring managers are consistently following proper protocol for completing the forms. A clear, documented process for filling out I-9s and managing records is crucial. If you rely on paper forms, consider transitioning to an electronic I-9 solution, which streamlines data collection, reduces human error, and provides a centralized location for managing I-9 forms. b. Gather All I-9 Forms and Supporting Documents For the audit, you’ll need to collect all current and past employees’ I-9 forms. If you’re using a digital system, this should be a straightforward process. Otherwise, gather all the physical files, which may include additional paperwork like copies of supporting documents for each employee. Organize the documents by hire date or employee group to ensure a structured audit process. Be sure to include any I-9 forms for employees who have left your organization, as their forms must be retained for the legally required time. c. Identify a Team or Partner for the Audit Depending on the size of your organization, you may need a dedicated team to handle the I-9 audit. For smaller organizations, HR personnel or a compliance officer might suffice. For larger businesses, consider hiring an external consultant or law firm specializing in immigration compliance. Ensure that the team understands the regulations around the I-9 process and is equipped with tools, like checklists or I-9 software, to guide them through the audit. 3. Conducting the I-9 Audit Once you’ve gathered the necessary materials and formed your audit team, it’s time to dive into the audit process. The audit involves reviewing all I-9 forms and identifying discrepancies, errors, or missing information. a. Check for Completeness and Accuracy Examine each I-9 form to ensure the following: Section 1 : Has the employee filled out the section completely and signed it? Ensure that the employee’s name, date of birth, and other identifying information are accurate. For forms dated after March 2013, but before August, 2023, make sure N/A values are populated for required fields, where applicable. Section 2: Has the employer reviewed the employee’s documents, listed the correct document numbers, and signed the form on time? The employer’s signature is required within three business days of hire. For forms dated after March 2013, but before August, 2023, make sure N/A values are populated for required fields, where applicable. Supplement B (formerly Section 3) : If the employee has been rehired or the work authorization has expired, has the form been properly updated and signed? Common mistakes include missing or incorrect document numbers, incorrect document expiration dates, failure to reverify work authorization, and missing signatures. b. Verify Document Authenticity It’s essential to ensure that the documents submitted by employees for identity and work authorization are legitimate and match the details on the I-9 form. Be cautious of any discrepancies in the documents or signs that the documents may be fraudulent. Employers are not required to be experts in document verification, but they should be familiar with what constitutes acceptable documents and ensure they match the categories listed in the I-9 form. The USCIS provides a Handbook for Employers to guide document verification. c. Address Errors and Non-Compliance When you identify errors or omissions, document each instance and correct the issue. Some errors can be easily corrected by updating the form, while others might require more complex adjustments. If the error is severe, such as hiring someone who is not authorized to work, consult legal counsel immediately. If an employee is no longer with the company and the form is incomplete, it may be necessary to create a new, corrected I-9 if the record-keeping requirement is still in effect. However, if the employee has already left, and the form is beyond the retention period, the document may be discarded. 4. Reporting and Correcting Non-Compliance Once the audit is complete, compile a report detailing the findings, including any non-compliance issues or patterns you’ve observed. Share this report with relevant stakeholders, such as HR leaders or legal counsel. For any discrepancies or errors found during the audit, it’s important to take corrective actions, such as: Completing missing or incomplete forms. Revising incorrect information. Taking steps to ensure that your organization is in compliance with I-9 regulations going forward. If serious violations are discovered (e.g., intentional misrepresentation or hiring unauthorized workers), you may need to consider voluntary self-disclosure to authorities, or take steps to rectify the situation to mitigate potential fines or penalties. 5. Improving I-9 Compliance Going Forward An audit can reveal weaknesses in your internal processes. Use the findings from the audit to improve future I-9 compliance. Consider implementing the following: Training : Regularly train HR personnel, hiring managers, and any other relevant staff on I-9 compliance to reduce errors. Technology : Invest in electronic I-9 systems that offer real-time error checking, automated reminders, and audit trails. These systems can greatly reduce manual errors and improve compliance rates. Standard Operating Procedures (SOPs) : Update your I-9 procedures, create checklists, and implement standardized workflows to ensure consistency across your hiring process. Conducting a thorough I-9 audit is essential for maintaining compliance with federal immigration laws. By preparing properly, checking for errors, and taking corrective action when necessary, you can minimize the risk of penalties and ensure that your hiring processes are as efficient and compliant as possible. Regular audits, coupled with proper training and updated technology, will help you maintain long-term compliance and avoid costly mistakes.
