How to verify I-9 for remote employees

You’ve got a new remote hire ready to go, and their onboarding is already underway. As part of your usual process, you’ll need to complete Section 2 of Form I-9 by examining the employee’s identity and work authorization documents. But when a new hire works remotely, that document review takes a little extra coordination.

Fortunately, you have two compliant options: designate an authorized representative to examine the employee's original documents in person, or use the DHS alternative procedure if you're enrolled in E-Verify and meet the eligibility requirements.

The right approach depends on your E-Verify status, hiring locations, and onboarding process. Here's how each option works, what you and your new hire need to do, and how to keep remote I-9 verification compliant.

Option 1: How does an authorized representative work?

An authorized representative acts on your behalf to complete the employer's Form I-9 responsibilities. They review the employee's completed Section 1, physically examine the employee's original documents, record the required information, and complete and sign Section 2 on your behalf.

You can hire, contract with, or otherwise designate this person. They could be a notary public, a personnel representative, or someone who lives near your remote employee. You don't need a formal contract or agreement to designate an authorized representative.

If you use a notary, they act as your authorized representative, not as a notary. They must perform the same I-9 duties as any other representative and should not notarize the form or apply a notary seal.

Here's how it works:

1. The employee completes and signs Section 1 no later than their first day of employment, but not before accepting the job offer.
2. You designate an authorized representative to meet with the employee.
3. The representative reviews Section 1 for completeness. If they identify errors or missing information, the employee must make the corrections and initial and date them.
4. Within three business days after the employee's first day of employment, the representative physically examines the employee's original, acceptable documents in person.
5. The representative records the required document information in Section 2, attests that the documents reasonably appear genuine and relate to the employee, and signs and dates the section on your behalf.
6. You retain the completed I-9 and any required supporting documentation.

Your authorized representative must perform the employer's required Form I-9 duties, including reviewing Section 1 and completing Section 2. Under the standard procedure, they must physically examine the employee's documents in person.

The employer remains liable for violations connected to the form or verification process, including errors made by the authorized representative. Employees also cannot serve as their own authorized representative.

Does this option require E-Verify? No. You can use an authorized representative without enrolling in E-Verify.

Curious about what it looks like in practice? See how our patented authorized representative process works here.

Option 2: How does the DHS alternative procedure work?

The DHS alternative procedure lets eligible employers examine documents remotely through a live video interaction instead of meeting the employee in person.

To use it, you must:

• Be enrolled in E-Verify: You must be enrolled at every hiring site where you use the alternative procedure.
• Remain in good standing: You must comply with E-Verify program requirements, including verifying newly hired employees at participating sites, and remain enrolled and in good standing while using the procedure.
• Complete E-Verify training: Complete the required enrollment and user training, including the E-Verify tutorial.
• Examine document copies: Have the employee send you copies of the documents they plan to present. Review the front and back of any two-sided documents to determine whether they reasonably appear genuine and relate to the employee.
• Conduct a live video interaction: Meet with the employee over video while they present the same documents they previously sent you. This gives you an opportunity to confirm that the documents reasonably appear genuine and relate to the person presenting them.
• Retain document copies: Keep clear, legible copies of every document presented, including both sides of two-sided documents.
• Mark the Form I-9: Check the box in Section 2 indicating that you used the DHS-authorized alternative procedure.

You must complete these steps within the same three-business-day Section 2 deadline that applies to physical document examination.

Applying the alternative procedure consistently

You can choose to use the DHS alternative procedure for all employees at an E-Verify hiring site or limit it to remote hires at that site. If you choose the remote-hire-only approach, you must apply it consistently to your remote hires at that location. You can continue physically examining documents for onsite and hybrid employees.

You must also avoid discrimination based on citizenship, immigration status, or national origin when deciding which employees receive each verification option. If an employee can't or doesn't want to use the alternative procedure, you must offer a physical examination of their documents instead.

Which option should you choose?

Your E-Verify status and hiring setup will help determine which option makes the most sense.

• Not enrolled in E-Verify: Use an authorized representative to physically examine the employee's documents. You don't need E-Verify to designate a representative.
• Enrolled in E-Verify and in good standing: You can use either option. The DHS alternative procedure allows you to examine documents remotely, while an authorized representative can still make sense for employees near a trusted contact.
• Hiring across multiple locations: Check your E-Verify enrollment and good-standing status at each hiring site before choosing the alternative procedure. You must meet the enrollment requirements at every site where you use it.
• Hiring remote, onsite, and hybrid employees: You can use the alternative procedure for remote hires while continuing physical document examinations for onsite and hybrid employees, as long as you apply the policy consistently and don't discriminate.

Regardless of the method you choose, the employee must complete Section 1, present acceptable documentation, and meet the applicable deadlines. You remain responsible for ensuring the entire Form I-9 is accurate and complete.

What does the remote employee need to do?

Your new hire has two main responsibilities: complete Section 1 and present acceptable documents for examination.

Step 1: Provide personal information

The employee completes Section 1 no later than their first day of employment, but not before accepting the job offer. They provide:

• Legal first and last name
• Middle initial, if applicable
• Any other last names used
• Complete address, including apartment number if applicable
• Date of birth
• Social Security number (required if your company uses E-Verify)
• Email address (optional)
• Phone number (optional)

An Individual Taxpayer Identification Number (ITIN) is not a substitute for a Social Security number when one is required.

If your company participates in E-Verify, employees must provide their Social Security number. If an employee has applied for an SSN but hasn't received it yet, they can leave the field blank until they receive it. They can begin working if they've otherwise completed Form I-9 and presented acceptable identity and work authorization documents. Once they receive their SSN, they must update the field, initial and date the notation, and provide the number so you can complete the E-Verify case.

Step 2: Attest to citizenship or immigration status

The employee selects one of four categories:

• U.S. citizen
• Noncitizen national of the U.S.
• Lawful permanent resident
• Alien authorized to work in the United States

Depending on their answer, they may need to provide an expiration date, if applicable, and one of the following:

• USCIS A-Number
• Form I-94 Admission Number
• Foreign passport number and country of issuance

For example, employees selecting the lawful permanent resident category must enter their USCIS or A-Number. Employees selecting the fourth category must provide an expiration date, if applicable, and one of the three identifying numbers listed above.

They attest under penalty of perjury that their information is true and correct. Federal law provides for fines and/or imprisonment for false statements or the use of false documents in connection with Form I-9.

Step 3: Sign and date

Once Section 1 is complete, the employee signs and dates the form using the actual date of signing. They should not backdate the form.

Step 4: Preparer or translator certification

If the employee needs help preparing or translating the form, each preparer or translator must complete and sign a separate certification in Supplement A (page 3 of the I-9).

There's no limit on how many preparers or translators an employee can use, but each one must complete a separate certification. You must retain completed Supplement A pages with the employee's Form I-9.

Step 5: Present acceptable documents

Within three business days after their first day of employment, the employee must present documents that establish identity and employment authorization. If they're hired to work for fewer than three business days, they must present them by the end of their first day.

For an in-person examination, documents generally must be original and unexpired. Certified copies of birth certificates are an exception to the original-document requirement. Certain acceptable receipts may also be used temporarily. Documents extended by their issuing authority are considered unexpired.

If you're using the DHS alternative procedure, the employee must first send you copies of their documents and then present those same documents during the live video interaction.

You can't tell employees which documents to bring. They choose from List A, or a combination of List B and List C.

List A: Documents that establish identity and work authorization

The employee needs one List A document or an acceptable combination of List A documents.

• U.S. passport or U.S. passport card
• Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
• Foreign passport containing a temporary I-551 stamp or temporary I-551 printed notation on a machine-readable immigrant visa
• Employment Authorization Document containing a photograph (Form I-766)
• For an individual temporarily authorized to work for a specific employer because of their status or parole: a foreign passport and Form I-94 or I-94A. The I-94 or I-94A must show the same name as the passport and an unexpired endorsement of the individual's status or parole. The proposed employment must not conflict with any restrictions or limitations identified on the form.
• Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI), with Form I-94 or I-94A indicating nonimmigrant admission under the Compact of Free Association.

List B: Documents that establish identity only

A List B document must be paired with a List C document.

• Driver's license or ID card issued by a state or U.S. outlying possession, provided it contains a photograph or identifying information such as name, date of birth, sex, height, eye color, and address
• ID card issued by a federal, state, or local government agency or entity, provided it contains a photograph or identifying information
• School ID card with a photograph
• Voter registration card
• U.S. military card or draft record
• Military dependent's ID card
• U.S. Coast Guard Merchant Mariner Card
• Native American tribal document
• Driver's license issued by a Canadian government authority

For individuals under 18 who cannot present one of the documents above, the following may be acceptable:

• School record or report card
• Clinic, doctor, or hospital record
• Day-care or nursery school record

Important: If your company participates in E-Verify, List B documents must contain a photograph. This requirement also applies to individuals under 18 and individuals with disabilities.

List C: Documents that establish employment authorization only

A List C document must be paired with a List B document.

• Unrestricted Social Security Account Number card. Cards stating "NOT VALID FOR EMPLOYMENT," "VALID FOR WORK ONLY WITH INS AUTHORIZATION," or "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" are not acceptable.
• Certification of Report of Birth issued by the Department of State (Forms DS-1350, FS-545, or FS-240)
• Original or certified copy of a birth certificate issued by a state, county, municipal authority, or U.S. territory, bearing an official seal
• Native American tribal document
• U.S. Citizen ID Card (Form I-197)
• Identification Card for Use of Resident Citizen in the United States (Form I-179)
• Employment authorization document issued by the Department of Homeland Security

One important distinction: Form I-766, the Employment Authorization Document, is a List A document, not a List C document.

What counts as an acceptable receipt?

In certain situations, an employee may present a receipt instead of a document from the Lists of Acceptable Documents for a limited period. Acceptable receipts include:

• A receipt for a replacement of a lost, stolen, or damaged List A, List B, or List C document
• Form I-94 issued to a lawful permanent resident that contains an I-551 stamp and a photograph
• Form I-94 with an "RE" notation or refugee stamp issued to a refugee

Receipt rules and validity periods depend on the type of receipt. Check the USCIS Handbook for Employers for the applicable requirements.

What does the employer need to do?

You, or your authorized representative, must review Section 1, examine the employee's documents, and complete Section 2.

Review Section 1

Before completing Section 2, review Section 1 for missing information or errors. If you find a mistake, the employee must correct it, then initial and date the correction. The employer or authorized representative should not make the correction on the employee's behalf.

If a preparer or translator assisted the employee, make sure the required Supplement A certification is complete.

You must also make the Form I-9 instructions and Lists of Acceptable Documents available to the employee when they complete the form and present their documents.

Examine the employee's documents

You or your authorized representative must examine the documents the employee presents and determine whether they reasonably appear genuine and relate to the employee.

For the standard procedure, this means physically examining the original documents, except for certified copies of birth certificates and acceptable receipts. For the DHS alternative procedure, you must follow the required copy-review and live-video steps.

You cannot tell employees which documents to present or reject acceptable documents simply because they have a future expiration date. If the documents don't reasonably appear genuine or relate to the employee, give them an opportunity to present other acceptable documentation.

Complete Section 2

When you complete, sign, and date Section 2, you attest under penalty of perjury that:

• You examined the documents provided.
• The documents appear to be genuine and relate to the employee.
• To the best of your knowledge, the employee is authorized to work in the United States.

You must accurately enter the document title, issuing authority, document number (if applicable), and expiration date (if applicable).

An authorized representative performs these employer duties on your behalf. You still carry the liability if they make an error or skip a required step.

Meet the deadlines

Whichever verification method you use, the Section 2 deadline is the same:

• Within three business days after the employee's first day of employment, or
• By the first day of employment if the employee will work for fewer than three business days.

The employee must complete Section 1 no later than their first day of employment, but not before accepting the job offer.

If the employee doesn't present acceptable documents by the deadline, you may terminate employment. If you don't complete Form I-9 on time, you may face civil monetary penalties under the Immigration and Nationality Act.

Retain Form I-9 records

You must retain each employee's Form I-9, including completed supplement pages and any document copies you make, for as long as the employee works for you. After employment ends, keep the form and attachments for either three years after the employee's first day of employment or one year after their termination date, whichever is later.

If you make copies of documents during a standard physical examination, you must retain those copies with the employee's Form I-9.

If you use the DHS alternative procedure, retaining clear, legible copies of all documents examined is mandatory. Keep those copies for the same applicable retention period as the Form I-9.

How does E-Verify fit in?

The authorized representative process doesn't require E-Verify. The DHS alternative procedure does.

If you're enrolled in E-Verify, you must use the program according to its requirements, including verifying newly hired employees at participating hiring sites. You cannot use E-Verify selectively or for pre-employment screening.

If you use the DHS alternative procedure, you must also create an E-Verify case for the employee. Here's how the process works:

1. Complete Form I-9 first. You can create an E-Verify case only after the employee accepts the job offer and both the employee and employer complete their respective sections of Form I-9.
2. Create the case on time. You must create the case no later than three business days after the employee's first day of employment.
3. Submit the employee's information. E-Verify compares information from Form I-9 against records available to the Social Security Administration (SSA) and Department of Homeland Security (DHS).
4. Complete photo matching if prompted. If the employee presents an eligible photo document, E-Verify may prompt you to compare the document's photograph with the photo displayed in E-Verify.
5. Follow the case result. Some results require additional action, such as notifying the employee of a mismatch or closing the case and creating a new one.

If an employee has applied for an SSN but hasn't received it, you cannot create an E-Verify case without the number. Allow the employee to begin working if they've presented acceptable documents, then create the case after they receive their SSN. Follow E-Verify's instructions for documenting the delay.

Possible E-Verify case results

E-Verify may return an immediate result or require additional action before the case can be closed. The possible case results are:

• Employment Authorized: The employee's information matches records available to SSA and/or DHS. This result confirms employment eligibility.
• E-Verify Needs More Time: The case has been referred to DHS for additional verification.
• Tentative Nonconfirmation (TNC or mismatch): The information doesn't initially match government records. A mismatch does not automatically mean the employee is unauthorized to work.
• Case in Continuance: The employee has contacted DHS or visited an SSA field office to resolve the mismatch, but more time is needed.
• Close Case and Resubmit: DHS or SSA requires you to close the case and create a new one. This can happen when the employee's U.S. passport, passport card, or driver's license information is incorrect.
• Final Nonconfirmation: E-Verify cannot confirm the employee's employment eligibility after the employee has contacted DHS or visited SSA.

If an employee receives a TNC, you must notify them promptly and privately, provide the required notice, and give them the opportunity to decide whether to take action to resolve it. You cannot take adverse action against an employee because of a TNC while they have the opportunity to resolve the mismatch. This means you cannot terminate, suspend, delay training, withhold or reduce pay, or take other adverse action based on the interim result.

Every E-Verify case must receive a final result and be closed according to the applicable case-closure instructions. Employment Authorized cases close automatically. Follow the required steps for other final results, including Final Nonconfirmation and Close Case and Resubmit.

If you use the DHS alternative procedure, remember that you must also retain clear, legible copies of all documents the employee presented, including both sides of two-sided documents.

Want to avoid case errors? Review these common E-Verify mistakes and best practices.

What happens if Form I-9 isn't verified?

Missing an I-9 deadline, making documentation errors, or knowingly employing someone without work authorization can expose your business to significant penalties. Here's what employers risk when they don't meet federal I-9 requirements:

• Paperwork violations: Civil fines range from $288 to $2,861 per violation. ICE can assess fines for substantive violations and uncorrected technical or procedural errors.
• Fewer correctable errors: This year, ICE updated its Form I-9 inspection fact sheet and reclassified more than 10 error types from technical to substantive. Those errors no longer qualify for the 10-business-day correction period
• Knowingly hiring or continuing to employ someone without work authorization: Civil penalties range from $716 to $5,724 per unauthorized worker for a first offense, $5,724 to $14,308 for a second offense, and $8,586 to $28,619 for a third or subsequent offense.
• Severe or repeated cases: A pattern or practice of knowingly hiring or continuing to employ unauthorized workers can result in criminal penalties.
• Audits: Immigration and Customs Enforcement (ICE) can inspect your I-9s and request supporting documentation. Employers generally receive at least three business days to produce the requested forms after receiving a Notice of Inspection. Learn what triggers an I-9 audit and what to do when you get an ICE Notice of Inspection.

These are the current published penalty ranges for 2026. The annual inflation adjustment was canceled for 2026 because the October 2025 Consumer Price Index data needed to calculate the adjustment was unavailable. As a result, the 2025 penalty amounts remain in effect.

The actual fine depends on the violation percentage and other statutory factors, including the size of the business, good faith, seriousness of the violations, involvement of unauthorized workers, and the employer's history of previous violations. See 2026 I-9 fines and penalties for more detail.

The best way to reduce these risks is to make I-9 compliance part of your onboarding process. Choose a compliant verification method, meet every deadline, and maintain accurate, complete records for every employee.

How does WorkBright help with I-9 verification?

You need a process that keeps every I-9 accurate, authentic, and complete, without making new hires jump through hoops.

WorkBright supports every hiring setup with flexible I-9 verification options, including in-person document examination, authorized representative verification, and the DHS alternative procedure for eligible E-Verify employers. Our software helps you coordinate document review, manage I-9 information, and streamline onboarding with workflows built for high-volume hiring, so you can keep records accurate and audit-ready.

To see how WorkBright can make your I-9 process faster and easier, book a demo.

FAQs

Can you verify an I-9 remotely?

Yes, if you follow one of two compliant procedures.

• Authorized representative: Someone you designate reviews Section 1, physically examines the employee's original documents, and completes Section 2 on your behalf. No E-Verify enrollment is needed.
• DHS alternative procedure: If you're enrolled in E-Verify and in good standing at the applicable hiring site, you can examine document copies and conduct a live video interaction with the employee. You must retain copies and follow all DHS requirements.

The temporary COVID-19 flexibilities have ended. You now need a physical examination by you or an authorized representative, or you must qualify for and follow the DHS alternative procedure.

Can an authorized representative complete Section 2 for a remote employee?

Yes. USCIS allows it. The authorized representative reviews Section 1, physically examines the employee's original, acceptable documents, records the required information, and completes and signs Section 2 on your behalf. They can be someone you hire, contract with, or designate. E-Verify isn't required.

You remain responsible for violations connected to the form or verification process, including errors made by your representative. The representative must perform all employer duties, not just review documents or witness a signature.

Do I-9 documents have to be physically examined?

Generally, yes. An employer or authorized representative must physically examine the employee's original documents unless the employer qualifies for and uses the DHS alternative procedure.

• Authorized representative: They examine the original documents in person for you.
• DHS alternative procedure: If you're enrolled in E-Verify and in good standing at the applicable hiring site, you can examine document copies and conduct a live video interaction with the employee under specific conditions.

Can you use Zoom to verify I-9 documents?

Only under the DHS alternative procedure. You must be enrolled in E-Verify and in good standing at the applicable hiring site, examine copies of the documents, hold a live video interaction where the employee presents the same documents, and retain the copies. A video call without those steps doesn't meet the requirement. Get the details in our guide to the Form I-9 alternative procedure.

Who can be an authorized representative?

Any person you designate can act as an authorized representative. That can be someone you hire or contract with, such as a notary public, a personnel representative, or another person near the employee. They must review Section 1 and complete the employer's required Form I-9 duties, including Section 2, on your behalf. Employees cannot act as their own authorized representatives, and you remain responsible for your representative's work. Learn more about the authorized representative process here.

What happens if Form I-9 is not verified?

Employers can face civil fines, criminal penalties in certain cases, and ICE audits. Paperwork violations currently carry civil fines of $288 to $2,861 per violation. Knowingly employing someone without work authorization can cost $716 to $5,724 per worker for a first offense, with higher ranges for repeat offenses. A pattern or practice of knowingly employing unauthorized workers can also lead to criminal penalties. Read more on 2026 I-9 fines and penalties.

What is the three-day rule for I-9?

The employee must complete Section 1 no later than their first day of employment, but not before accepting the job offer. The employer or authorized representative must complete Section 2 within three business days after the employee's first day of work for pay. If the employee will work fewer than three business days, Section 2 must be completed by the first day of employment.