Trust But (Remotely) Verify: Your Guide to the Form I-9 Alternative Document Examination Procedure

Author: Taylor Lewellyn, Brightmine Legal Editor

On the same day it released a new version of the Form I-9, US Citizenship and Immigration Services (USCIS) announced a long overdue modernization of the employment eligibility verification process. The final rule authorizes “qualified employers” to use an optional alternative procedure to remotely examine employees’ identity and work authorization documents rather than conduct in-person physical inspections, saving these employers time and money.

The new procedure leverages the lessons learned during the COVID-19 pandemic, which demonstrated the need for and substantial practical benefits of an alternative to the physical documentation examination procedures historically required by regulation. But as welcome as the updated process is to employers across the country, the complex eligibility and procedural steps, coupled with a puzzling deadline, have sown confusion within the regulated community, leaving many HR professionals wondering what to do next.

This guide will get employers up to speed on the optional alternative procedure by outlining the eligibility criteria, providing tips for successfully adopting and completing the modernized process and addressing several frequently asked questions.