Last Updated on September 8, 2023
The Department of Homeland Security (DHS) announced that it will start allowing remote document review in certain cases starting on Aug. 1, 2023.
Overview
Starting on Aug. 1, employers who are in “good standing” in E-Verify will have the option of completing the Form I-9 document review process remotely through a video call rather than in person after the employee first provides a copy of the document(s) to the employer for inspection. A list of the steps employers must take for remote I-9 document inspection is available through the Federal Register.
Additionally, employers who are completing a Form I-9 document review for employees who were hired during the COVID-19 pandemic may also have the option to complete the document review process remotely through video if they:
- Were enrolled in E-Verify when the employee was hired
- Previously had an E-Verify account for the employee
- Performed an initial remote document inspection for the employee between March 20, 2020 and July 31, 2023 due to COVID-19
Employers that meet the mandates above have a grace period to remotely inspect Form I-9 documents through Aug. 30, 2023, even though temporary COVID-19 provisions will expire on July 31, 2023. Employers that do not meet the requirements above must physically inspect I-9 documents. Although employers have the option of inspecting Form I-9 documents remotely, they can also inspect them in person if they choose.
Looking Ahead
DHS has also noted that it will introduce a new, more user-friendly Form I-9 in November 2023. The new Form I-9 will be mandatory. Additionally, DHS plans to launch a pilot program that will offer remote document inspection capabilities to a broader range of employers.
More information will be provided on Form I-9 updates as available.
Envoy is pleased to provide you this information, which was prepared in collaboration with Jennifer Yeaw, who is an Attorney at CIP, one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the “U.S. Law Firms”).
Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative.
