Form I-9 alternative procedure: A complete guide
As remote and distributed work becomes more common, employers face growing challenges when verifying employment eligibility for new hires. Completing Form I-9 has traditionally required an in-person review of identity and work authorization documents, which can be difficult for organizations hiring employees across multiple locations.
To address this shift, U.S. Citizenship and Immigration Services introduced the Form I-9 alternative procedure in 2023. This option allows eligible employers to examine employee documents remotely rather than in person, provided specific requirements are met.
While the alternative procedure offers added flexibility for remote hiring, it also introduces new eligibility rules, documentation standards, and administrative responsibilities. Understanding how the process works — and whether it’s appropriate for your organization — is critical to maintaining compliance and avoiding I-9 penalties.
This guide explains what the Form I-9 alternative procedure is, how it works, and the key considerations employers should evaluate before using it.
What is the Form I-9 alternative procedure?
The Form I-9 alternative procedure is an optional method that allows employers to examine an employee’s identity and work authorization documents remotely instead of conducting an in-person review.
Under this process, employees submit copies of their acceptable documents electronically, and employers verify those documents during a live video interaction. The employer then completes Section 2 of Form I-9 and submits the case through E-Verify.
It’s important to understand what the alternative procedure is — and what it isn’t. Employers are not required to use this method, and employees must be given the option to request an in-person document examination instead. Physical document inspection remains an acceptable and compliant option.
When the form I-9 alternative procedure started — and what that means for employers
The Department of Homeland Security finalized the Form I-9 alternative procedure on July 21, 2023. The rule became effective on August 1, 2023, and does not include an expiration date.
This means employers now have a permanent option to conduct remote document examination for Form I-9, as long as they meet all eligibility and compliance requirements. However, the absence of a sunset date does not reduce enforcement expectations. Employers must still follow strict rules related to eligibility, documentation, recordkeeping, and employee choice.
For organizations that hire remote employees or manage distributed teams, this change provides flexibility — but only when implemented correctly.
How the Form I-9 alternative procedure works
The Form I-9 alternative procedure follows a structured process designed to replicate key elements of in-person verification in a virtual environment.
At a high level, the process includes:
- The employee completing Form I-9 and submitting copies of acceptable documents electronically
- The employer examining those documents during a live video interaction
- Verification of the information through E-Verify
- Proper documentation and secure retention of records
The alternative procedure applies only to the document examination step of the Form I-9 process. All other I-9 requirements, timelines, and anti-discrimination obligations remain unchanged.
Alternative procedure: Eligibility and Requirements
The Form I-9 alternative procedure is optional, but employers must meet specific eligibility requirements before using it. Organizations must be enrolled in E-Verify for all hiring sites where the alternative procedure will be applied and remain in good standing by following required due-diligence and training obligations.
Employers must use the alternative procedure consistently for all new hires at the same hiring site. Employees cannot be required to participate and may request an in-person document examination instead. If an employee opts out, employers must document why the alternative procedure was not used.
Comparison with the traditional I-9 process
While both processes serve the same compliance purpose, the Form I-9 alternative procedure differs from the traditional process in how documents are examined, stored, and verified.
The alternative procedure allows for remote document examination, removing the need for in-person scheduling. However, it requires E-Verify participation, expanded record-keeping, and secure digital infrastructure, which can increase administrative complexity.
The alternative procedure is separate from the temporary COVID-19 I-9 flexibilities, which ended in July 2023. In most cases, it cannot be used to retroactively satisfy missed COVID follow-up requirements.
Step-by-step: Form I-9 alternative procedure process
The Form I-9 alternative procedure follows a structured workflow designed to mirror key elements of in-person verification in a virtual environment.
The process generally includes:
- Presenting the alternative procedure option to the employee, including the ability to opt out and request an in-person review
- Explaining verification requirements, acceptable documents, and data-handling practices
- Providing written instructions for completing Form I-9 and uploading documents securely
- Collecting electronic copies of identity and work authorization documents
- Conducting a live video meeting to examine documents against the submitted copies
- Completing Section 2, indicating use of the alternative procedure, and retaining documentation securely
- Submitting the case through E-Verify
Remote examination and verification
Under the alternative procedure, document examination occurs during a live video interaction between the employee and an employer representative. Employers must verify that the documents presented reasonably appear genuine and relate to the individual, using electronic copies rather than physical documents.
Because employers rely on digital copies rather than direct handling, remote examination can make authenticity harder to assess. Employers must retain clear copies of all documentation and ensure they meet eligibility requirements for Form I-9 purposes.
While the alternative procedure provides one compliant approach to remote I-9 verification, some organizations use I-9 software solutions to help standardize workflows, reduce errors, and maintain audit trails when managing remote hiring.
Legal and regulatory considerations
Employers using the Form I-9 alternative procedure remain subject to all existing federal employment eligibility regulations. While the procedure introduces flexibility in document examination, it does not change Form I-9 deadlines, anti-discrimination requirements, or audit expectations.
Because the process is virtual, maintaining consistent documentation, secure record-keeping, and standardized workflows is critical. Employers should also expect that guidance may evolve over time and remain responsible for ensuring their processes stay compliant.
How to decide if alternative procedure is right for you
When you’re weighing up the right I-9 approach for your organization, you’ll have to consider a few factors in both cases:
- Organizational composition: Where you operate, and how many locations, offices, or branches you have.
- Workforce composition: The distribution of remote workers to in-office employees.
- Hiring goals: Your current hiring velocity, and any goals for hiring over the next few years.
- Team capacity: The size of your current team working with I-9 compliance processes, and their capacity for additional administrative tasks.
- Digital infrastructure: Your current level of digital maturity, and the investment required to build more secure document storage and video conferencing systems.
I-9 alternative procedure might be a good fit for organizations that…
- Have already enrolled in the E-Verify system and use it to hire new employees
- Manage a remote-first or distributed workforce that spans a wide geographical area
- Operate based on a mobile workforce model that involves a lot of field work
I-9 alternative procedure might not work for organizations that…
- Hire at scale and need a highly efficient verification process
- Have limited internal capacity to manage virtual verification requirements
- Do not have secure digital infrastructure or the budget to invest in it
- Manage a workforce that predominantly reports to a physical location
- Operate in specialized industries that require additional layers of document verification
Alternative procedure: Flexibility, with added risks
The Form I-9 alternative procedure offers greater flexibility for remote hiring, but it also introduces added administrative, security, and compliance considerations. Increased reliance on E-Verify, expanded document retention requirements, and limited flexibility once implemented can create challenges, particularly for organizations hiring at scale. This makes avoiding common E-Verify mistakes especially important for compliance.
For employers evaluating remote verification options, understanding these trade-offs is essential. Some organizations choose to supplement or streamline compliance processes using I-9 software designed to support secure document handling, audit readiness, and consistent verification workflows.
HR compliance is complex, but it doesn’t have to be. WorkBright’s modern software and services streamline I-9s, E-Verify, and form management, while keeping your team audit-ready and aligned with ever-changing regulations. Take the guesswork out of compliance so you can focus on what matters most—your people.
