For years, completing Form I-9 meant one thing: someone acting for the employer had to hold the employee's documents in their hands. Remote and hybrid hiring made that harder, and many employers relied on authorized representatives to fill the gap. Since August 2023, qualified employers have had another option. The DHS alternative procedure lets them examine an employee's identity and employment authorization documents remotely, over a live video call.
The alternative procedure is useful, but it is not open to everyone, and it comes with specific steps and record-keeping duties. This article explains who can use it, how it works, and where employers tend to slip up.
Where the alternative procedure came from
During the COVID-19 pandemic, DHS allowed temporary flexibilities that let many employers review I-9 documents remotely. Those flexibilities ended on July 31, 2023. The next day, DHS put in place an authorized alternative to physical document examination, which employers can use on an ongoing basis if they meet the eligibility rules. The current edition of Form I-9 includes a checkbox for recording that the alternative procedure was used.
Who is eligible
The alternative procedure is available only to qualified employers. In general, that means an employer that:
- Is enrolled in E-Verify and uses it for the hiring site where the employee will work.
- Is in good standing in E-Verify, meaning it follows the rules of its E-Verify Memorandum of Understanding, such as creating cases on time and following the required steps for mismatches.
- Has completed the required E-Verify training, including the fraud awareness and anti-discrimination training that E-Verify makes available.
Employers that are not enrolled in E-Verify must continue to use physical document examination, either by their own staff or through an authorized representative. Enrolling in E-Verify only to gain access to remote examination is possible, but it brings ongoing E-Verify obligations, so it is worth weighing that decision on its own merits.
How the procedure works, step by step
The alternative procedure replaces in-person examination in Section 2 (and in Supplement B for reverification). The other I-9 rules, including deadlines, still apply. Here is how the process typically runs:
- The employee completes Section 1 no later than the first day of employment, just as with any other hire.
- The employee sends copies of their documents. The employee chooses which acceptable documents to present from the Lists of Acceptable Documents and transmits a copy of each one to the employer. If a document has two sides, the employer needs copies of both the front and the back.
- The employer examines the copies to make sure the documents reasonably appear to be genuine.
- The employer holds a live video interaction. During the call, the employee presents the same physical documents that were copied, so the employer can confirm they reasonably appear genuine and relate to the person presenting them. A recorded video or a still photo does not meet this requirement; the interaction has to be live.
- The employer completes Section 2, recording the document information and checking the box that indicates an alternative procedure was used to examine the documents.
- The employer retains clear, legible copies of all documents presented, front and back where applicable.
- The employer creates an E-Verify case for the new hire, as required for employees at an E-Verify participating hiring site.
All of this must happen within the normal timeline. Section 2 is still due within three business days of the employee's first day of work for pay. Scheduling the video call before the start date makes that window much easier to meet.
Consistency and anti-discrimination rules
Employers have some discretion in how they apply the alternative procedure, but that discretion has limits. An employer may choose to offer the procedure to all employees at an E-Verify hiring site, or it may limit it to remote employees while continuing to examine documents in person for onsite hires. What it cannot do is apply the procedure selectively in a way that treats employees differently based on citizenship, immigration status, or national origin.
A few practical rules follow from this:
- Write down your policy. Decide which groups of employees can use the alternative procedure, and apply that decision the same way every time.
- Let employees choose their documents. Remote examination does not change the rule that the employee decides which acceptable documents to present. Asking for a specific document can create a discrimination problem.
- Offer physical examination when the employee prefers it. If an employee is not comfortable with a video call or with sending copies of their documents, the employer should provide a way to complete physical examination instead.
Record-keeping requirements
Document copies are optional under the standard I-9 process, as long as the employer's practice is consistent. Under the alternative procedure they are mandatory. The employer must keep a clear and legible copy of every document the employee presented, and those copies must be available alongside the Form I-9 if the government asks to see them during an inspection.
That means employers using the procedure need a reliable way to store copies securely, link them to the right form, and keep them for the full I-9 retention period. The same retention rule applies: keep the form for three years after the date of hire or one year after employment ends, whichever is later. Copies kept under the alternative procedure should follow the same schedule.
Common mistakes to avoid
Employers new to the alternative procedure tend to run into the same handful of issues:
- Skipping the live video step and relying only on emailed or uploaded images.
- Forgetting the back of a two-sided document, such as a permanent resident card.
- Leaving the alternative procedure box unchecked in Section 2 or Supplement B.
- Losing the document copies or storing them somewhere that is hard to retrieve during an inspection.
- Using the procedure at a hiring site that does not participate in E-Verify, or after the employer has fallen out of good standing.
- Applying the procedure inconsistently across similar employees, without a written policy.
Each of these is easy to prevent with a clear process and a checklist, and each is much harder to fix after a Notice of Inspection arrives.
How Clear I-9 helps
Clear I-9 by TRAK is built for remote Form I-9 completion and reverification from virtually any location. Secure document imaging helps keep clear copies of each document with the right form, instant E-Verify lets your team create cases as part of the same workflow, and electronic signatures keep remote hires moving. Workflows, reporting, and tracking show where each form stands, so your team can confirm the steps were finished inside the three-day window. For employees who are not eligible or who prefer in-person review, Clear I-9 also supports authorized representatives, including a national network of I-9 representatives and a dedicated portal for remote authorized representatives.
Want to see how remote document examination fits into your hiring process? Request a demo of Clear I-9 and we'll walk you through it.
This article is for general information only and is not legal advice. For guidance on your specific situation, consult qualified employment counsel and the official USCIS resources.