DHS to Authorize Remote Inspection of I-9 Documents

On August 1, 2023, the Department of Homeland Security (DHS) will publish a new edition of the I-9 employment eligibility verification form, which will incorporate a new policy allowing some employers to remotely examine identity and employment authorization documents. While the remote examination policy that was introduced during the pandemic was recently terminated, DHS has introduced a new, more limited remote examination policy. To qualify, employers must meet the following criteria:

• Be enrolled in DHS’ E-Verify system
• Examine and retain copies of all documents in question
• Conduct a live video interaction with the employee
• Create an E-verify case if the employee is a new hire

Employers who remotely examined their employees’ documents during the pandemic and who were not enrolled in E-verify during that time must conduct an in-person examination of all remotely-inspected documents by August 30, 2023.

If you have any questions about your I-9 obligations, please contact a KM&M attorney.