Best Practices for Remote I-9 and Video Verification

Remote hiring has changed how companies handle onboarding. One of the biggest questions employers face is how to properly complete Form I-9 and E-Verify when employees are not physically present. With the introduction of DHS’s Alternative Procedure for E-Verify and the rollout of E-Verify+, employers now have multiple options — and potential pitfalls — when it comes to remote verification.

Traditional E-Verify and Remote Hires

Under the traditional E-Verify model, nothing has changed:

Employers must still complete Form I-9 within the first three business days of employment.
If an employee is hired remotely, the company can designate an authorized representative — such as a notary, attorney, HR contractor, or even a friend of the employee — to review the original documents in person and complete Section 2 on behalf of the employer.
The employer remains liable for any mistakes the representative makes.
The completed Form I-9 is then used to create an E-Verify case.
This process works, but it can be logistically difficult for a workforce spread across multiple states or working remotely.

The DHS Alternative Procedure (Video Verification)

In 2023, DHS introduced an alternative remote inspection procedure available to E-Verify employers in good standing. Instead of requiring in-person inspection by an authorized representative, employers may now:

Ask the employee to send clear copies (front and back, if applicable) of their chosen I-9 documents.
Conduct a live video session with the employee, who shows the same original documents.
Confirm the documents appear genuine and belong to the employee.
Complete Section 2 of Form I-9, checking the box on the August 1, 2023 edition indicating the alternative procedure was used (or writing “Alternative Procedure” in the Additional Information field on earlier editions).
Create the E-Verify case within three business days of the employee’s start date.
Retain the document copies with the I-9.
Maintain an internal log of the video session — recording is not required, but a log noting the date, time, employee name, and HR reviewer is recommended.
Example annotation:
“Alternative procedure used — documents examined via live video on 09/10/2025.”
This approach streamlines remote verification, but it also raises practical and compliance questions.

Offshore HR and Remote Verification

Some companies outsource HR functions to offshore offices, such as an Indian subsidiary. Can HR staff located abroad conduct the video verification under the alternative procedure?

The law allows any authorized representative to complete Section 2, and DHS does not require the reviewer to be physically in the United States.
Technically, offshore HR staff may conduct the live video session and complete Section 2.
However, practical issues arise: U.S. identity documents are being transmitted and stored abroad, raising data security and employee privacy concerns.
The U.S. employer remains fully responsible for the accuracy of the I-9, regardless of who performs the review.
Employers pursuing this model should implement safeguards such as written procedures, secure storage (preferably on U.S. servers), and clear employee disclosures about offshore handling of sensitive documents.

Privacy and Data Protection Concerns

When offshore HR is involved, U.S. employee identity documents (passports, Social Security cards, green cards) are handled outside the U.S. This can implicate:

The Digital Personal Data Protection Act, 2023 in India, which requires lawful purpose, consent, and safeguards when processing sensitive personal data.
Best practices such as employee consent, limited access, and encrypted storage.
Practical obligations to respond if employees later ask what documents are stored abroad.
While not a U.S. immigration requirement, these privacy measures help mitigate employee complaints and reputational risk.

Recording vs. Logging Video Sessions

Employers often ask whether they must record the video session to prove it occurred. DHS does not require recordings. In fact, recording can increase privacy risks and storage obligations.
Best practice:

Do not record the session.
Instead, keep a dated log signed by the HR staff who conducted the verification.
Retain document copies with the I-9 as required.
This creates an audit trail that can withstand government scrutiny without adding privacy exposure.

E-Verify+ and Automated Verification

E-Verify+ represents DHS’s next step in digitization. In this system:

Employees themselves create accounts, upload document images, and complete facial matching and liveness checks through video.
The verification process is largely automated through software and database cross-checks.
Employers no longer inspect original documents; DHS confirms employment authorization directly.
Employers simply receive a result — “Employment Authorized,” “Tentative Nonconfirmation,” etc.
This reduces employer liability but shifts privacy and due process concerns to DHS. Employees may worry about uploading sensitive documents, and there is a risk of false mismatches.

Opting Out of E-Verify+

Employees can choose to opt out of E-Verify+ if they are uncomfortable or if the system cannot process their case correctly. If they opt out:

The E-Verify+ case closes with status “Case Closed — Opt Out.”
The employer must revert to the traditional I-9 and E-Verify process.
Employers, too, are not required to use E-Verify+ exclusively. They may stick with the traditional method if they prefer.

Receipt Notices and Edge Cases

One area where E-Verify+ will probably struggle is with receipt rules. Traditional I-9 rules allow employees to present certain receipts (for example, an I-797C receipt notice for an EAD renewal) in place of the actual document, provided they later show the updated card.
E-Verify+ may not be able to process these receipt-based situations. The solution is for the employee to opt out and complete the I-9 under the traditional procedure, where the receipt rules are recognized.

Best Practices for Employers

Train HR staff on both the traditional and alternative procedures.
Document your internal policy on when the alternative procedure will be used.
Do not record video sessions — maintain logs instead.
If offshore HR is involved, address data security, employee consent, and server storage.
Be ready to handle receipt notices and opt-out scenarios with a fallback to traditional verification.
Monitor developments in E-Verify+ to see if it aligns with your compliance and privacy standards.

Remote verification is now more flexible than ever, but flexibility comes with complexity. Employers should balance convenience with compliance, ensure consistent application across remote hires, and maintain defensible records in case of government audits.

Vasanth Vaidyanathan, Esq.

Administrator

Vasanth Vaidyanathan is an immigration attorney with over 20 years of experience focused exclusively on U.S. immigration and nationality law. He holds a LL.M. from California Western School of Law, San Deigo and advises individuals and businesses on employment and family-based immigration matters, including H-1B, PERM, EB categories, and adjustment of status. He has also been a featured speaker at immigration seminars across the U.S. To reach Vasanth visit: https://www.vnathan.com/

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