Remotely Verified Form I-9 Documents Must Be Physically Examined by Aug. 30

Exception made for E-Verify employers

Roy Maurer By Roy Maurer August 28, 2023

​Employers that verified remote hires' Form I-9 identity and work authorization documents virtually during the pandemic are required to physically inspect those documents by Aug. 30, and update the employees' relevant I-9 forms as appropriate.

Immigration and Customs Enforcement (ICE) announced in March 2020 that it would defer the requirement that employers physically review new hires' identity and employment authorization documents, instead allowing the flexibility to review documents remotely to complete the form.

That flexibility ended July 31, and employers were given 30 days to perform all required physical examinations of eligibility documents for remote hires made between March 20, 2020, and July 31, 2023.

To meet compliance requirements, employers should have identified all employees whose I-9 documentation was verified remotely and needed to be updated. For those forms needing updates, employers should either complete a new I-9, Section 2 or Section 3, and attach it to the original I-9, or update the "Additional Information" box on the original I-9.

Authorized representatives are still allowed to complete the in-person review of the documents and to complete Section 2 or Section 3 on the employer's behalf.

It is the employer's responsibility to ensure that all affected employees have an updated Form I-9 after Aug. 30.

Exception for E-Verify Users

On July 25, ICE announced that qualified employers that use E-Verify may continue to conduct verifications remotely going forward. To qualify to use remote verification, employers must have enrolled in E-Verify for all hiring sites that use virtual verification and be in good standing with the E-Verify program.

In addition, E-Verify employers that meet four requirements may choose to use the new video procedure by Aug. 30, instead of physically examining the Form I-9 documentation that had been examined remotely.

To qualify for the alternative procedure, the employer must have: 

  • Performed remote examination of an employee's documents between March 20, 2020, and July 31, 2023.
  • Been enrolled in E-Verify at the time the employee completed the Form I-9. 
  • Created a case in E-Verify for that employee (except for reverification).
  • Be currently enrolled in and continue to participate in E-Verify.

Employers that do not meet all four requirements must perform an in-person physical inspection of documents by Aug. 30. 

It should be noted that qualified E-Verify employers must still perform a document examination in all cases, even if a video review was conducted during the pandemic time frame.

This SHRM resource contains additional FAQs related to the new Form I-9 released Aug. 1, the Aug. 30 physical examination deadline, and the new virtual documentation verification option for qualified E-Verify employers.

SHRM Resource Hub Page
I-9 Compliance



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