Alternative Method of Document Inspection for the Form I-9

On August 1, 2023, the Department of Homeland Security released a new version of the Form I-9. Over the years there have been multiple versions of this form, and even some flexibilities such as those that derived from the COVID-19 era. However, the newest version of the Form I-9 has several changes, one of which is an alternative method of document inspection.

Previously (before COVID modifications), employers were required to physically examine documents in-person when completing the Form I-9. This new alternative method offers another option to employers. The catch is that it can only be used by employers who participate in and are in good standing with the federal E-Verify program. Beginning August 1, 2023, employers who do not utilize E-Verify or who are not in good standing with the program must abide by physical document inspection requirements for completing the Form I-9.

According to the USCIS website, for employers to qualify for using the alternative procedure they must:

1. Have conducted a remote examination of an employee’s documents between the dates of March 20, 2020, and July 31, 2023
2. Have been enrolled in E-Verify when they completed that employee’s Form I-9
3. Have opened an E-Verify case for that employee if they were a new hire
4. Be enrolled currently in E-Verify and continue to participate in the program

Employers must meet all four of the above criteria in order to use the alternative method. Those who do not are not eligible to do so.

For those who do qualify to use the alternative method of document inspection for the Form I-9, it requires that within three business days of an employee’s first day on the job that a qualified employer or entity must:

• Review copies of Form I-9 documents (front and back) or an acceptable receipt. This is designed to help the employer discern whether the documentation reasonably appears to be authentic.
• Arrange to do a live interview with the person presenting these documents. During this interview, the same document that was earlier transmitted to the employer will again be presented live for further assurance that the documentation is reasonably legitimate.
• Mark the Form I-9 checkbox indicating the alternative method of document inspection for the Form I-9 was used. This checkbox, located in Section 2, is new and must be checked for new hires and reverifications when appropriate.
• Open an E-Verify case within three business days after an employee’s official hiring. This applies to new hires, but not reverifications for the Form I-9. [Reverification does not require a new E-Verify case]
• Keep a clear and readable copy of all documentation and store as directed by the Form I-9. Even the storage of these forms requires a specific protocol that should be followed, and employers must comply. During an official audit by a government official, an employer may be asked to provide proof of identity and employment authorization documentation for one or more employees.

Employers should know that if they use the alternative method on a regular basis, they must also use it for all employees at the hiring site. An exception to this rule may be allowed if an employer sets aside the alternative method strictly for onboarding fully remote employees.