A guide to remote Form I-9 verification without costly errors

How to stay compliant with USCIS rules for remote and hybrid employees

Remote I-9 verification is now a permanent option for eligible U.S. employers, making it possible to verify Form I-9 documents electronically for remote and hybrid employees. But while the U.S. Citizenship and Immigration Services (USCIS) alternative procedure has made compliance more flexible, it also comes with strict requirements — and costly penalties for mistakes.

If you hire remote employees, staying compliant with Form I-9 rules can be challenging. Even small errors in documentation, timing, or record-keeping can trigger fines during an Immigration and Customs Enforcement (ICE) audit.

In this guide, we break down how remote I-9 verification works, explain the USCIS alternative procedure, highlight common Form I-9 mistakes, and show how employers can reduce risk when verifying remote employees.

What is Form I-9 and why remote verification matters

Form I-9, officially known as Employment Eligibility Verification, is a federal form used by U.S. employers to confirm that their employees are authorized to work in the United States. Every paid employee hired after November 6, 1986 must complete a Form I-9, regardless of citizenship status.

While employees are responsible for completing their portion of the form, the legal responsibility ultimately rests with the employer. Employers must verify identity and work authorization documents, ensure Form I-9s are completed accurately and on time, and retain those records in case of an audit by Immigration and Customs Enforcement (ICE).

For employers with remote and hybrid employees, complying with Form I-9 requirements has historically been more complex. Until recently, I-9 verification required in-person document inspection, making remote onboarding difficult and inconsistent.

That changed when U.S. Citizenship and Immigration Services (USCIS) introduced a permanent remote I-9 verification option through its alternative procedure. This allows eligible employers to examine Form I-9 documents electronically for remote employees, as long as specific requirements are met.

Remote I-9 verification makes it easier to onboard distributed teams — but it also introduces new compliance risks. Employers must follow strict timing, documentation, and E-Verify rules, or risk costly fines if errors are discovered during an ICE audit.

What changed with remote I-9 verification in 2023

In August 2023, U.S. Citizenship and Immigration Services (USCIS) made a major change to Form I-9 compliance by introducing a permanent option for remote document verification. This update replaced the temporary COVID-19 flexibilities that allowed employers to review documents remotely during the pandemic.

Under the new rule, eligible employers can examine Form I-9 documents electronically for remote employees — but only if they follow USCIS’s official alternative procedure and meet specific compliance requirements.

The USCIS alternative procedure explained

The USCIS alternative procedure allows qualifying employers to complete Form I-9 document examination remotely instead of inspecting original documents in person.

Using this procedure, employers can review acceptable Form I-9 documents through electronic means, such as secure document uploads, video calls, or authorized representatives. Employers must also indicate on the Form I-9 that the alternative procedure was used and retain clear records of how document verification was completed.

While the alternative procedure offers greater flexibility for remote hiring, it does not reduce employer liability. Employers are still responsible for ensuring documents appear genuine, completing Form I-9 sections on time, and maintaining accurate records in case of an ICE audit.

Who is eligible to verify Form I-9s remotely

Not all employers are eligible to use remote I-9 verification. To participate in the USCIS alternative procedure, employers must be enrolled in E-Verify and remain in good standing.

To qualify, employers must:

• Be enrolled in E-Verify for all U.S. hiring sites
• Use E-Verify for every newly hired U.S. employee
• Follow all E-Verify rules and procedures
• Complete required E-Verify training, if applicable

If an employer does not meet these requirements, Form I-9 documents must still be reviewed in person.

Remote I-9 verification vs COVID-19 flexibilities

The remote I-9 verification options available today are not the same as the temporary flexibilities granted during the COVID-19 pandemic.

COVID-19 flexibilities were emergency measures that allowed employers to review documents remotely without enrolling in E-Verify. Those flexibilities expired in July 2023.

In contrast, the USCIS alternative procedure is a permanent compliance option — but it comes with stricter requirements, including mandatory E-Verify participation and detailed record-keeping. Employers who previously relied on COVID-19 flexibilities must now either transition to the alternative procedure or return to in-person document verification.

How the Form I-9 verification process works

Form I-9 verification is a two-step process that requires action from both the employee and the employer. Each section has strict completion deadlines, and errors in timing, documentation, or record-keeping can lead to compliance violations.

Understanding how each part of the Form I-9 works is essential — especially when verifying remote employees using electronic or remote procedures.

Form I-9 Section 1: Employee information

Form I-9 Section 1 must be completed by the employee on or before their first day of work for pay.

In this section, the employee provides their personal information and attests to their employment authorization status in the United States. This includes their legal name, address, date of birth, and Social Security number (if required), as well as a declaration of their citizenship or immigration status.

Employees must indicate whether they are:

• A U.S. citizen
• A noncitizen national of the United States
• A lawful permanent resident
• An individual authorized to work in the United States

If the employee receives assistance completing Section 1, a preparer or translator must complete Supplement A.

Although the employee completes this section, employers are responsible for reviewing it to ensure all required fields are completed accurately and on time.

Form I-9 Section 2: Employer document review

Form I-9 Section 2 must be completed by the employer within three business days of the employee’s first day of work.

In this section, the employer examines documentation that proves the employee’s identity and authorization to work in the United States. Employees may present either:

• One document from List A of acceptable documents, or
• One document from List B and one document from List C

For remote employees, eligible employers may examine documents electronically using the USCIS alternative procedure, or appoint an authorized representative to review documents on their behalf.

Regardless of the verification method used, employers are responsible for confirming that documents appear genuine and relate to the employee, completing Section 2 accurately, and retaining records in compliance with USCIS requirements.

Form I-9 Supplements A and B

In addition to Sections 1 and 2, Form I-9 includes two supplemental sections used in specific situations.

Supplement A is completed by a preparer or translator if an employee receives assistance filling out Section 1.

Supplement B is used for reverification and updates, including when:

• An employee’s work authorization expires
• An employee is rehired within three years of completing a previous Form I-9
• An employee legally changes their name

Employers must retain Supplements A and B with the original Form I-9 and ensure all updates are documented accurately to maintain compliance.

What happens if you make a mistake on Form I-9

Mistakes on Form I-9 — even unintentional ones — can be costly. Employers are legally responsible for ensuring Form I-9s are completed accurately, on time, and retained properly. If errors are discovered during an audit, penalties can range from minor corrective actions to significant fines per violation.

Understanding the difference between minor errors and substantive violations can help employers reduce risk and respond appropriately if issues are identified.

Minor and technical Form I-9 errors

Minor or technical errors are typically clerical mistakes that do not directly impact an employee’s work authorization status. These errors may be eligible for correction if addressed promptly.

Examples of minor or technical errors include:

• Missing dates or addresses
• Incomplete fields
• Formatting or transcription errors

If Immigration and Customs Enforcement (ICE) identifies these issues during an audit, employers are generally given 10 business days to correct them.

For paper Forms I-9, corrections should be made by drawing a single line through the incorrect information, entering the correct data, and initialing and dating the change. For electronic Forms I-9, corrections must be documented through a clear audit trail that records all edits.

Substantive violations and fines

Substantive violations are more serious errors that indicate a failure to properly verify employment eligibility or comply with Form I-9 requirements. These violations typically result in monetary penalties.

Examples of substantive violations include:

• Missing employee or employer signatures
• Failure to complete Form I-9 within required timeframes
• Failure to present or verify acceptable documentation
• Knowingly accepting invalid or fraudulent documents

Fines for substantive Form I-9 violations can reach thousands of dollars per form, and penalties may increase for repeat offenses or patterns of noncompliance.

ICE audits and employer liability

Form I-9s are not routinely submitted to the government. Instead, employers must retain them and produce them if requested during an ICE audit or investigation.

During an audit, ICE may review:

• Completed Forms I-9
• Supporting documentation, if retained
• Audit trails and correction records
• Reverification and retention practices

Employers can be held liable for violations even if errors were made unintentionally or by third parties. This makes proactive compliance, regular internal I-9 audits, and accurate record-keeping critical — especially for employers with remote or distributed workforces.

Five common Form I-9 mistakes and how to avoid them

Let’s assume you have no intention of deliberately violating labor laws, and focus on how you can avoid the penalties caused by error and carelessness. 

Here are five mistakes companies can easily make, and the remedies to ensure you avoid them.

1. Data entry errors

As we’ve seen, some data entry mistakes can be more costly than others. It’s vital that all the data — legal names and addresses, social security numbers, signatures, and so on — are present and correct. 

Remedy: Double-check all data before submission, initial and date any corrections on the I-9 form. Update your onboarding checklist to make I-9 checks a standard part of your procedures.

You can also use digital verification software like WorkBright’s I-9 compliance software. The software guides employees through Section 1, with compliance and accuracy checks at every step, and lets them nominate a third party to help review their work authorization documents in Section 2.

2. Neglecting to store copies of I-9 documentation

If you haven’t made copies of I-9 documentation, you could find yourself without a defense if an ICE audit calls an employee’s eligibility into question. 

In fact, if you use E-Verify or are based in certain states, you may be obligated to retain I-9 copies. 

Remedy: Retain ID and eligibility copies for all your employees — after verifying that they are valid and legitimate. Store documentation securely to respect employee privacy and comply with DHS’ security best practices for Personal Identifying Information. 

WorkBright’s secure I-9 solution lets you scan and upload work authorization documents to be stored with top-tier, bank-grade security.

3. Accepting unacceptable documents

If an ICE audit discovers your employee submitted invalid or fraudulent documents with their I-9, you don’t have the defense of claiming you didn’t know. If your employee is caught out, you are liable too. As an employer, you have a duty to verify the validity of the ID of your employees’ documentation. 

Remedy: Familiarize yourself and your employees with the revised Lists A, B and C of acceptable documentation. 

Use E-Verify to show if you have used the remote alternate procedure to examine Form I‑9 documents. 

With WorkBright’s I-9 solution, employees can elect a third party to help review their authorization documents, and maintain a clear audit trail.

4. Not conducting an internal I-9 audit

I-9 forms are not something that you submit to the government. Rather, you need to have them on hand in case of an audit—or raid—by the Immigration Customs Enforcement agency (ICE). It’s vital to always be prepared and have everything in order, so you don’t have any nasty surprises. 

Remedy: Conduct regular internal audits of your I-9 forms and documentation. 

Use WorkBright’s I-9 software, so that you have an automatic audit trail to guarantee compliance, and advanced reporting to flag up expiring documents to update.

5. Not training staff on I-9 compliance

If your HR staff are not fully tuned in on how to handle all the issues with I-9s, vital data can get missed, errors can be made and you can find yourself with unwitting violations on your hands.

Remedy: Train all your employees on how to prepare and complete I-9s, how to verify I-9 forms remotely, how to conduct internal audits. Also check that your HR team is familiar with how to store I-9s.

How to complete remote I-9 verification for remote employees

Remote I-9 verification allows eligible employers to verify employment authorization documents electronically, making it easier to onboard remote and hybrid employees. However, the process must be handled carefully to remain compliant with USCIS requirements.

To complete remote I-9 verification correctly, employers must follow the USCIS alternative procedure, meet E-Verify eligibility requirements, and ensure all Form I-9 deadlines and documentation standards are met.

How electronic I-9 verification works

Electronic I-9 verification enables employers to examine employee documents remotely instead of inspecting original documents in person.

Using electronic or remote I-9 verification, employees can securely upload acceptable documents, which are then reviewed by the employer or an authorized representative through approved electronic means. Employers must record that the USCIS alternative procedure was used and retain documentation and audit records to demonstrate compliance.

While electronic verification improves efficiency for remote onboarding, employers remain responsible for confirming that documents appear genuine and relate to the employee presenting them.

Using authorized representatives for remote I-9s

For remote I-9 verification, employers may designate an authorized representative to examine and verify Form I-9 documents on their behalf. The authorized representative can be any individual, except the employee themselves.

The authorized representative’s responsibilities include:

• Examining the employee’s identity and work authorization documents
• Confirming the documents appear genuine and relate to the employee
• Completing and signing Section 2 of Form I-9

Although an authorized representative may complete Section 2, the employer remains fully liable for any errors or compliance violations. Using secure, guided I-9 software can help ensure consistency and maintain a clear audit trail.

The three-day rule for Form I-9 compliance

The Form I-9 three-day rule requires employers to complete Section 2 and verify acceptable documentation within three business days of the employee’s first day of work for pay.

If employment lasts fewer than three business days, Section 2 must be completed no later than the employee’s first day of work. Failure to meet the three-day deadline may result in substantive Form I-9 violations and penalties.

What to do if employees can’t provide documents on time

If a new employee is unable to present acceptable documents within three business days of their start date, they may present a receipt showing they have applied for replacement documents.

In this case:

• The employee must present the receipt within three business days
• The employee has 90 days from their start date to provide the actual documents

If the employee cannot provide a receipt within three business days, or fails to present the required documents within the 90-day window, employment must be terminated to remain compliant with Form I-9 requirements.

Remote I-9 verification vs in-person verification

Both remote and in-person I-9 verification methods are valid under U.S. law, but they differ significantly in how documents are reviewed, who they’re best suited for, and the level of administrative effort involved.

Understanding the differences can help employers choose the most compliant and efficient approach for their workforce.