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Remote Verification Of Form I-9 Documents Becomes A Reality

With August in full swing, a significant milestone in employment eligibility verification awaits. Qualified E-Verify users in good standing will now have the option of remote verification for identification and work authorization documents associated with Form I-9. This revolutionary change comes after a series of developments in response to the pandemic, presenting employers with newfound flexibility in hiring and documentation procedures. Continue reading to delve into the background, benefits, and eligibility criteria for remote verification.

The Evolution Of Form I-9 Compliance

The COVID-19 pandemic brought forth unprecedented challenges for employers, requiring swift adaptations to comply with Form I-9 requirements. On March 20th, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customers Enforcement (ICE) offered employers with remote employees the ability to obtain, inspect, and retain copies of identification and employment eligibility documents virtually. This temporary provision responded to the sudden shift to remote work and allowed businesses to maintain compliance despite their dispersed workforces.

In response to this initiative and the experiences of employers during this period, the U.S. Citizenship and Immigration Services proposed a rule for alternative procedures in its regulatory agenda. After receiving valuable feedback, ICE announced the winding down of the pandemic flexibilities on May 4th, 2023, setting a sunset date of July 31st, 2023. However, an employer will not be required to physically examine the documentation associated with a Form I-9 if it:

  • Was enrolled in E-Verify at the time of hire 
  • Created an E-Verify case for that employee
  • Performed the remote inspection between March 20th, 2020, and July 31st, 2023 

Introducing Remote Verification – The Alternative Procedure 

On August 1st, 2023, remote verification began offering qualified E-Verify users in good standing an innovative approach to comply with Form I-9 requirements. To be eligible for this option, employers must have enrolled in E-Verify for all hiring sites using the alternative procedure and must comply with all E-Verify program requirements. Continued participation in good standing in E-Verify is necessary whenever the employer opts for remote verification.

The remote verification process commences with a live video interaction between the employer and the new hire. During this session, the employee completes Section 1 of Form I-9, which is then uploaded and sent to the employer. A subsequent live video chat occurs, where the employer witnesses the employee present their original employment verification document to the camera for inspection. The new I-9 form will feature a corresponding box for the employer to check when utilizing the alternative procedure for Section 2 or re-verification.

Benefits And Considerations 

Embracing remote verification opens doors to numerous benefits for employers and employees alike. For employers, this alternative option streamlines the hiring process by eliminating the need for in-person document verification, saving time and resources. Moreover, it accommodates remote employees, making hiring talent from different geographical locations easier. The remote verification process also encourages paperless documentation, promoting a greener and more sustainable workplace.

However, employers must ensure consistent application of the alternative procedure for all employees at a hiring site, with the exception of hybrid workers who may require in-person verification. Employees can also have an in-person meeting if they prefer, ensuring that flexibility is maintained throughout the hiring process.

Understanding Who Is Eligible To Use Remote Verification 

To qualify for remote verification, also known as the “alternative procedure,” employers must meet specific criteria and maintain good standing with E-Verify. This includes:

  • Enrollment in E-Verify for all hiring sites that utilize the alternative procedure
  • Compliance with all E-Verify program requirements, including verifying the employment eligibility of newly hired employees
  • Continued participation in good standing with E-Verify whenever remote verification is employed 

In addition, new E-Verify employers and users responsible for managing and creating cases must complete an E-Verify tutorial. Existing E-Verify employers who have already undergone the training do not need to repeat it for remote verification eligibility.

Leveraging PEO Expertise

In navigating the intricacies of remote verification and maintaining compliance with Form I-9 requirements, partnering with a professional employer organization (PEO) can be a game-changing solution for businesses. A PEO like GMS brings a wealth of expertise and resources to the table, offering comprehensive HR support, streamlined processes, and up-to-date knowledge of ever-changing regulations. From handling E-Verify enrollments to guiding employers through the intricacies of remote verification, GMS’ HR experts ensure a seamless transition to the alternative procedure. By teaming up with GMS, businesses can focus on their core operations and talent acquisition, confident that their employment eligibility verification processes are in the hands of experienced professionals. Embrace the future of remote verification with the guidance of a PEO, and unlock a world of compliance, efficiency, and peace of mind. Contact us today to learn more.