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Remote I-9 Verification: Expert Insights and Tips for Compliance
April 12, 2024
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Ensuring Compliance with Remote I-9 Verifications
Compliance with I-9 verifications has become a critical concern due to the rise in remote work. The Form I-9 is a mandatory document for employment eligibility in the United States. It verifies an employee's identity and their authorization to work. However, the process of I-9 verification can be challenging when conducted remotely. Employers and HR professionals must navigate these challenges and ensure their remote onboarding processes meet all legal requirements.
As remote work becomes increasingly common, companies are faced with the challenge of conducting I-9 verifications for new employees who are not physically present in the office. This can be a daunting task, as I-9 compliance is necessary for avoiding penalties and maintaining legal status as an employer. In this article, we will discuss the importance of remote I-9 verifications, the challenges they present, and how to ensure compliance with the help of technology.
Understanding the I-9 Verification Process
The I-9 verification process is a crucial part of the hiring process in the United States. It involves the completion of the I-9 form by both the employee and the employer.
The employee must provide accurate information about their identity and work authorization. They also need to present acceptable documents to prove their eligibility to work.
On the other hand, the employer is responsible for reviewing these documents. They must ensure they appear genuine and match the employee. The completed I-9 form must be retained by the employer. It should be readily available for inspection by authorized U.S. government officials, if required. You will also want to familiarize yourself with the specific requirements for Form I-9 retention and storage as set forth by U.S. Citizenship and Immigration Services (USCIS).
What Are the Key Challenges of Remote I-9 Verifications?
Conducting I-9 verifications for remote employees presents unique challenges that must be addressed to ensure compliance.
- Physical Distance
The most obvious challenge of remote I-9 verifications is the physical distance between the employer and employee. This makes it difficult to verify the employee's identity and documents. The use of live video conferencing for virtual verification is only approved for employers enrolled in E-Verify, who must meet specific requirements.
- Time Constraints
The I-9 form must be completed within three days of the employee's first day of work. Organizing logistics and the right tools can be challenging for employers.
- Document Retention
Forms I-9 must be retained for a specific period. For remote employees, this can be difficult to manage if the company does not have a centralized system for properly storing and organizing I-9 forms.
- Non-compliant I-9 Tools
To ensure compliance with remote I-9 verifications, companies can utilize technology to streamline the process and overcome the challenges mentioned above, however, I-9 software, especially those that are built-in to an all-in-one onboarding or HR solution sometimes fail to provide compliance measures, which can place employers at risk.
Legal Requirements for Remote I-9 Verification
The legal requirements for remote I-9 verification differ based on employers that qualify for the alternative document procedure, an option now available for many employers participating in E-Verify. Employers who do not qualify for the alternative document procedure are not allowed to leverage a virtual I-9 verification method using live video conferencing to review work authorization and identification documents. Non-qualifying employers must review the employee's documents in their physical presence. This can be challenging for remote employees and organizations with a dispersed workforce.
To overcome logistical hurdles of meeting in-person verification rules, employers can designate an authorized representative. According to USCIS, any person can serve as an authorized representative to physically meet with the employee to review I-9 documents and complete Section 2. Authorized representatives can also be used to complete Section 2 of the I-9 using the virtual I-9 verification option. It’s important to note that the employer remains liable for any violations during the Form I-9 and verification process.
Authorized Representatives and Legal Risks
In remote I-9 verifications, employers often rely on authorized representatives. These representatives can be any person who performs the verification on the employer's behalf.
Employers may have the option to use a third-party verification service through their electronic I-9 system provider. This service may offer convenient options for in-person and physical I-9 verification including:
- A mobile network of notaries that provides a representative to meet employees at a location of their choosing to examine their documents and fill out Section 2 of the I-9 form.
- A network of I-9 verification centers that include certain retail and delivery service stores where employees can bring their documents to be verified and have Section 2 of the I-9 form completed by the store's staff.
However, this approach carries potential legal risks. If the representative makes an error during the verification, the employer is responsible. It’s critical to ensure that representatives are well trained. They should understand the importance of their role and the potential consequences of mistakes.
The Significant Impacts of Simple Mistakes During I-9 Verification
A significant challenge that employers face is ensuring that any authorized representative assigned to complete the I-9 form on behalf of the employer understands the process thoroughly. This understanding is crucial to avoid potential legal consequences for the employer. In addition to administrative errors such as missing, incorrect, or incomplete information, the I-9 document review process if not done properly may also lead to unintentional discriminatory practices and violations of the Immigration and Nationality Act (INA) anti-discrimination provision.
It's imperative that the employer or their authorized representatives abide by the rules set forth for document inspections and must avoid requesting specific documents from an employee, instead they should allow the employee to choose which documents to present to prove their employment eligibility and identity from the “Lists of Acceptable Documents” accompanied with the Form I-9.
Requesting specific documents or requesting more documents than necessary for I-9 verification can lead to harsh ramifications. The Department of Justice actively pursues investigations into unfair and discriminatory document practices. Learn more about the growing trend of Form I-9 violations and hefty DOJ settlements in our blog: Avoiding Discrimination in I-9 Verification: A $100K Mistake Serves as a Stark Warning for Employers.
You can also download our complimentary e-book: Preventing Discrimination During the I-9 Process to learn more.
Secure and Compliant I-9 Document Storage
Maintaining the privacy and security of sensitive employee information is crucial. This can be more complex in a remote setting. Employers must have secure systems in place to protect this data. There are several requirements’ employers should meet to maintain compliance with Form I-9 storage and retention rules. Specific guidance has also been issued by the DOJ and USCIS for electronic I-9 software solutions. You can learn more about this in our article: Is Your Electronic I-9 Software Compliant?
Finally, staying updated with changing regulations is essential. This requires continuous monitoring and adaptation. If you are using a digital I-9 platform, it’s imperative that your solution is updated regularly and quickly adapts to meet changing regulations.
Evolving Regulations and the Remote I-9 Processes
The COVID-19 pandemic has significantly impacted remote I-9 verifications. The U.S. government introduced temporary flexibilities to accommodate remote work scenarios. These changes allowed employers to inspect documents remotely. However, employers had to physically inspect the documents once normal operations resumed and once the flexibilities expired in July 2023.
This temporary policy has eased some challenges. Yet, it has also added another layer of complexity to the process. A new version of the Form I-9 was also introduced and mandated for use as of 11/01/2023. Employers must stay informed about these changes and adapt accordingly. Watch our on-demand webinar to learn more about the new I-9.
Elevating Compliance through Advanced I-9 Software Solutions
I-9 software solutions enhance the efficiency and integrity of the verification process. These systems streamline tasks, reduce human error, create consistent processes and procedures, and help ensure compliance with ever-evolving regulations. Tailored to adhere to the latest legal standards, these software solutions offer adaptability through updates as legislative adjustments.
Selecting optimal I-9 software becomes crucial, given that not all platforms are equally equipped to meet changing I-9 requirements, or provide the comprehensive features and support essential to ensuring compliance success. Download our interactive guide and checklist to help you evaluate electronic I-9 solutions.
Empowering Remote Verification: The Essential Role of I-9 Vendors
As regulations evolve, keeping your team informed through continuous learning is essential. A well-educated team is your best defense against costly mistakes, helping your organization align with I-9 compliance requirements.
Schedule regular training sessions with your staff and incorporate standard operating procedures into your onboarding and Form I-9 procedures. I-9 software vendors like GryphonHR provide helpful tools and resources to keep you updated on regulatory changes, trends, and guidance. Check out our resource center.
Best Practices for Remote I-9 Verification
Remote I-9 verification can be a complex process. However, following best practices can help ensure compliance and reduce potential legal risks.
One of the key practices is thorough documentation. Every step of the verification process should be documented and stored securely. This can serve as evidence of compliance in case of an audit. Form I-9 audit trails are a requirement and maintaining these records is essential. Some electronic I-9 providers may offer an audit trail, however not all audit trails meet the specific requirements.
Another important practice is adherence to standard procedures. Employers should establish a standardized process for remote I-9 verification. This ensures consistency and helps avoid potential errors.
Here are additional best practices for remote I-9 verification:
- Regular Form I-9 audits of the verification process
- Training for all staff involved in the process
- Use of compliant and dependable and I-9 software solutions
- Timely completion of I-9 forms
- Clear communication with remote employees
By following these practices, employers can maintain compliance with I-9 requirements and create a smooth onboarding experience for remote employees.
Conclusion: Staying Compliant in a Virtual World
In conclusion, remote I-9 verifications are a critical part of the onboarding process. They require careful diligence and thorough understanding of legal requirements. With the right tools, resources, employers can navigate this complex process to ensure compliance while providing a smooth onboarding experience for remote employees.
Contact our I-9 experts and learn how GryphonHR simplifies remote I-9 verifications with our advanced Form I-9 and E-Verify compliance platform.
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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.
