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Alternative Document Review for Form I-9

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On July 25, 2023, the Department of Homeland Security (“DHS”) published a final rule outlining a new alternative method for complying with E-Verify requirements set to effectuate August 1, 2023. It will solely apply to new hires, and not to those hired under the COVID-era inspection rules.

This method permits an employer to review and verify provided I-9 documents virtually, doing away with the in-person requirement, with caveats. The new method is only for employers both enrolled in, and in good standing with, E-Verify.

Further, the method has specific steps and retention requirements: (1) the new hire must send scanned copies of the provided I-9 documents prior to step 2; (2) during a live video call, the new hire must show the same documents that were sent, for inspection; (3) when completing the I-9, the employer must select the box evidencing the alternative approach was utilized; and (4) the employer is required to retain clear and legible copies of all documents presented by the employee.

Simultaneously, United States Citizenship and Immigration Services (“USCIS”) has issued a new Form I-9 that employers may begin to utilize as of August 1, 2023 and are required to use on November 1, 2023. This new form contains numerous changes, including streamlining certain sections, and a checkbox to indicate the employer virtually examined the I-9 documentation as now permitted.

Should you have any questions regarding the new alternative approach and its requirements/restrictions, or the new Form I-9, please reach out to Ashley Rotchford at 856-616-2683 or

DISCLAIMER: This client advisory is for general information purposes only. It does not constitute legal or tax advice, and may not be used and relied upon as a substitute for legal or tax advice regarding a specific issue or problem. Advice should be obtained from a qualified attorney or tax practitioner licensed to practice in the jurisdiction where that advice is sought.