July 21, 2023

The Department of Homeland Security (DHS) released a notice detailing an optional alternative procedure to the in-person physical examination of the I-9 documentation presented by individuals seeking to establish identity and employment authorization for the purposes of completing the Form I-9. This optional procedure is available only to employers in the E-Verify program and relieves them of the requirement to review the documents in the physical presence of the new employee. Under this optional procedure, employers in E-Verify have three business days from an employee’s first day of employment, to: (1) examine copies (front and back, if the document is two-sided) of Form I-9 documents or an acceptable receipt to ensure that the documentation presented reasonably appears to be genuine; (2) conduct a live video interaction with the individual presenting the document(s) to ensure that the documentation reasonably appears to be genuine and related to the individual; (3) indicate on the Form I-9, by completing the corresponding box, that an alternative procedure was used to examine documentation to complete Section 2 of Form I-9 or for reverification; (4) retain a clear and legible copy of the documentation; and (5) make available the clear and legible copies of the identity and employment authorization documentation presented by the employee for document examination in connection with the employment eligibility verification process in the event of an I-9 audit or investigation. This alternative procedure is available beginning on August 1, 2023.

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