The Immigration Reform and Control Act of 1986 requires employers to complete Form I-9 for every employee — verifying both identity and work authorization by physically examining the employee's original documents. For remote employees who are never physically present at a company location, meeting that requirement requires a specific, compliant process.
As of 2026, there are two compliant methods for remote I-9 verification:
|
Method |
Who Can Use It |
How It Works |
Key Requirements |
|
DHS Alternative Procedure |
E-Verify employers only |
Employer examines documents via live video interaction with the employee |
Must be enrolled in E-Verify; must retain copies of documents examined; video interaction must be live (not recorded) |
|
Authorized Representative |
Any employer |
Employer designates a third party to physically examine documents on their behalf |
Representative must complete Section 2 and sign; employer remains legally responsible for errors |
The pandemic-era flexibility that allowed employers to defer in-person document review (Policy No. 5) expired in August 2023. The DHS Alternative Procedure, published in the Federal Register in August 2023, replaced it — but only for employers actively enrolled in E-Verify at the time they use the procedure.
Any employer currently enrolled in E-Verify in good standing can use the DHS Alternative Procedure for remote employees. The procedure is optional — E-Verify employers may still choose in-person verification or the authorized representative method.
Any employer — regardless of E-Verify enrollment status — can designate an authorized representative to physically examine I-9 documents on their behalf.
Almost anyone the employer designates in writing. There is no federal requirement that the representative be a notary public, HR professional, or attorney. A neighbor, a family member, a local HR service provider, or a staffing agency can all serve as authorized representatives. The representative does not need any special credentials — but they must:
This is the most important point about the authorized representative method: the employer remains fully liable for any errors or omissions on the form, regardless of who completed it. If an authorized representative accepts a document that doesn't appear genuine or records incorrect information, it's the employer's I-9 violation — not the representative's.
This is why many employers who aren't E-Verify participants use professional I-9 completion services rather than relying on personal contacts. A trained service provider who completes I-9 forms daily is significantly less likely to make the errors that generate audit findings than a family friend doing it as a favor.
The errors below are the most common sources of remote I-9 violations found in ICE audits:
|
Mistake |
Why It Happens |
Audit Risk |
|
Using the Alternative Procedure without E-Verify enrollment |
Employer mistakenly believes any video review is compliant |
High — substantive violation |
|
Accepting a recorded video review instead of live |
Employer or employee uses an async tool (Loom, Zoom recording) |
High — substantive violation |
|
Not retaining document copies under Alternative Procedure |
Employer follows standard (non-remote) retention practices |
High — substantive violation |
|
Authorized representative doesn't examine original documents |
Representative accepts photos or scanned copies instead |
High — substantive violation |
|
Section 2 signed by someone other than the authorized representative |
Employer signs remotely without designating a local representative |
Moderate — substantive |
|
Missing or incorrect document information in Section 2 |
Representative unfamiliar with I-9 requirements |
Moderate — technical violation |
|
E-Verify case not created within three business days |
Remote workflow doesn't trigger E-Verify integration |
Moderate — compliance gap |
Employers with remote workforces across multiple states face an additional layer of complexity: state-level requirements that go beyond federal I-9 rules.
Some states impose restrictions on which documents can be accepted, require specific language in the disclosure and authorization process, or mandate specific recordkeeping practices. For employers with remote employees in California, New York, Illinois, or other states with active employment law frameworks, confirming that your I-9 process satisfies both federal requirements and the state-specific rules applicable to each employee's location is essential.
This is also where the intersection of I-9 compliance and background screening matters. Remote employees require the same FCRA-compliant background check as on-site employees — with the added complexity that multi-state residential history means more jurisdictions to search and state-specific restrictions that follow the candidate's location rather than the employer's. See our guide on background checks for remote employees for the full picture.
Step 1: Determine which method applies. Are you enrolled in E-Verify? If yes, you can use the DHS Alternative Procedure. If no, you must use an authorized representative. Decide this before your first remote hire, not during onboarding.
Step 2: Train everyone involved. Whether you're using a designated internal agent for video reviews or a network of authorized representatives, everyone completing Section 2 needs to understand what "genuine document" means, what the completion requirements are, and what the consequences of errors are.
Step 3: Use electronic I-9 software. Manual I-9 completion is the primary driver of technical errors. A compliant electronic I-9 platform guides both the employee through Section 1 and the reviewer through Section 2 — enforcing field completion requirements in real time and flagging inconsistencies before the form is submitted.
Step 4: Build E-Verify case creation into your workflow. If you're using the Alternative Procedure, the E-Verify case must be created within three business days. That step should be automatic — triggered by Section 2 completion — not something a coordinator remembers to do manually.
Step 5: Establish document retention practices. Alternative Procedure users must retain document copies. Standard I-9 process users are not required to retain copies (but may). Whatever your practice, apply it consistently and store documents securely with access controls.
Step 6: Audit your remote I-9 forms periodically. Remote I-9s are statistically more likely to contain errors than in-person completions. Build a periodic review into your compliance calendar — particularly for forms completed by authorized representatives who don't do this regularly.
Bchex's I-9 management platform supports both the DHS Alternative Procedure (for E-Verify employers) and the authorized representative workflow. The platform guides employees through Section 1 electronically, supports live video interaction tracking for Alternative Procedure completions, and stores forms and document copies in a secure, audit-ready system.
For employers with remote workforces across multiple states, Bchex pairs I-9 compliance with background checks for remote employees — giving HR teams a single platform for the full onboarding compliance workflow rather than managing multiple vendors for each piece.
Yes — through two compliant methods. Employers enrolled in E-Verify can use the DHS Alternative Procedure, which allows document examination via live video interaction. Employers not enrolled in E-Verify must use an authorized representative — a designated individual who physically examines the employee's original documents in person on the employer's behalf.
The DHS Alternative Procedure, effective August 2023, allows E-Verify employers to examine I-9 documents via live video interaction instead of in-person examination. The employer must receive document images before the call, examine the original documents during a live video interaction, check the "Alternative Procedure" box in Section 2, and retain copies of all documents examined.
Almost anyone the employer designates — there is no federal requirement that they be a notary, HR professional, or attorney. However, the employer remains fully liable for any errors the representative makes. For this reason, many employers use professional I-9 completion services rather than personal contacts for remote I-9 completions.
No. The DHS Alternative Procedure requires a live, interactive video examination — the employee must present their original documents in real time. A recorded or asynchronous video does not satisfy the requirement and constitutes a substantive I-9 violation.
Using the Alternative Procedure without active E-Verify enrollment, accepting a recorded video instead of live interaction, failing to retain document copies, having authorized representatives accept document photos rather than originals, and failing to create the E-Verify case within three business days of the employee's start date.
Yes. The I-9 requirement applies to every employee hired after November 6, 1986 — location of work doesn't change the obligation. Remote employees who have worked for you for years also require I-9s on file; if you don't have them, address the gap before an audit arrives.
For the Alternative Procedure, E-Verify enrollment is a prerequisite — and the E-Verify case must be created within three business days of the employee's first day of employment. For employers using authorized representatives without E-Verify enrollment, I-9 and E-Verify are separate processes. Check your federal contract terms or state law — some states require E-Verify for all employers or certain contractor categories. USCIS maintains a current list of state E-Verify requirements.
Remote I-9 verification is not optional and it's not a gray area — the requirements are specific, the violations are penalized, and the two compliant methods have distinct eligibility rules that can't be mixed. E-Verify employers can use the DHS Alternative Procedure with live video interaction. Everyone else needs an authorized representative physically examining original documents. The employers who get this right are the ones who build the process before their first remote hire — not the ones who figure it out after an audit arrives.
Ready to build a compliant remote I-9 process? Explore Bchex I-9 management services — electronic completion, E-Verify integration, and audit-ready recordkeeping built for distributed workforces.