Refresher in Navigating Form I-9 and Remote for Employers enrolled in E-Verify

Documentation, Hiring, HR / Workplace

By Kim Adamson 

 

Employers must stay vigilant throughout the process of verifying a new hire’s identity and legal authorization to work in the United States, using the Employment Eligibility Verification (Form I-9), DHS-approved remote verification, and E-Verify procedures. These are evolving, and staying up to date ensures both legal compliance and smoother hiring.

The Basics of Form I-9

  • Every U.S. employer must complete Form I-9 to verify the identity and employment authorization of new hires.
  • Section 1 must be completed by the employee no later than their first day of work; The employer must complete Section 2 within three business days of the employee’s start date.
  • Employers must retain I-9s for either three years after the date of hire or one year after employment ends, whichever is later.

The U.S. Citizenship and Immigration Services (USCIS) issued an updated Form I-9 on January 20, 2025, with an expiration date of May 31, 2027.  Several important modifications to the form aim to improve legal consistency and clarity of documentation, such as:

  1. Section 1 Checkbox Update – The fourth checkbox has been updated from “A noncitizen authorized to work” to “An alien authorized to work” to reflect the statutory language better.
  2. List B Document Revisions – Updated descriptions clarify that driver’s licenses and ID cards should include the individual’s “sex” (replacing “gender”) to align with Department of Homeland Security (DHS) and Department of Motor Vehicles (DMV) records.
  3. Updated Clearer Instructions – The revised instructions include a refreshed DHS Privacy Notice and clarification that a Form I-9 must be completed and retained for every new hire, the Form I-9 must be retained for three years after hire or one year after termination, whichever is later, and E-Verify users must create a case within three business days of the employee’s start date.
  4. Updated note regarding new rules for verification of EADs (Employment Authorization Documents issued by USCIS that prove a foreign national is legally allowed to work in the U.S. ) – Pursuant to significant changes issued by DHS and USCIS in late 2025, employees will no longer be able to rely on an automatic extension for I-9 purposes when their EAD expires, creating a potential employment gap while awaiting on renewal. Employers must wait for the new EAD to be issued before the employee can resume work, and possible employment gaps for noncitizens

For more information and updated guidance, employers can refer to Form M-274, the Employer Handbook (also known as the Form I-9 Handbook), which contains instructions for completing Form I-9, Employment Eligibility Verification.

DHS-Authorized Remote Verification

With remote work now a permanent fixture for many businesses, DHS authorized an alternative procedure in 2023 for employers to examine Form I-9 documents to verify the work authorization of remote employees via video call, secure transmission, or other approved methods, instead of requiring an in-person inspection.  For an employer to be eligible to use the DHS-approved remote I-9 procedure, the employer must be enrolled in E-Verify and be in good standing.

Who Can Conduct the Remote I-9 Document Review?

Only trained company personnel are permitted to carry out the remote I-9 document examination. Third-party agents or contractors may not perform the review unless formally designated and trained by the employer. Reviewers must complete DHS training on anti-discrimination and document fraud detection.

Step-by-Step: Remote I-9 Verification Process

  1. Consistent Application
  • Employers must apply the same procedure uniformly for all remote hires at a given site. For example, you may choose remote verification for remote hires, while on-site employees may still undergo traditional in-person document review.
  • Employers cannot discriminate based on citizenship or immigration status.
  1. Document Transmission
  • Employees must send clear copies of the front and back of their identity and work authorization documents.
  • Secure email or document upload portals are acceptable methods.
  1. Live Video Interaction
  • Employers must conduct a live video meeting with the employee.
  • During the meeting, employees must present the same documents previously transmitted for authenticity verification.
  1. Form I-9 Completion
  • Employers must note on Section 2 of Form I-9 that the “Alternative Procedure Used per DHS Guidance” and retain clear copies of the front and back of the documents reviewed.
  1. E-Verify Case Creation

A case must be created in E-Verify within three business days of the employee’s start date.

  1. Retention and Audit
  • Employers must retain clear copies of the front and back of the documents and video interaction records (if applicable) for at least three years.
  • These records must be available for DHS or ICE audits.

E-Verify is the Digital Backbone

E-Verify is an internet-based system that compares information from the Form I-9 with DHS and Social Security Administration records. While E-Verify is not federally required for all employers, many states and federal contractors mandate E-Verify participation. Even if not required, voluntary enrollment can streamline compliance and demonstrate proactive diligence. The advantages of the E-Verify system are that it provides faster confirmation of work authorization, reduces the risk of hiring unauthorized workers, and now integrates seamlessly with remote verification.

Best Practices for Employers

  • Be sure to use the latest Form I-9 (revised 2025).
  • Enrolling in E-Verify unlocks the DHS-approved remote verification option.
  • Avoid discriminatory practices by consistently applying verification methods uniformly across employee groups, regardless of citizenship status or national origin.
  • Proper recordkeeping is critical—especially when using remote verification.
  • Train HR staff on updated Form I-9, remote verification, and E-Verify protocols.

Employers who embrace DHS’s remote verification rules and integrate E-Verify into their hiring process will not only remain compliant but also gain efficiency in managing today’s distributed workforce, which is a significant advantage for organizations with remote employees.

 

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