Client Alerts

DHS Permits Permanent Remote I-9 Verification for Employers Who Use E-Verify

By: David W. Leopold

About: Immigration

The Department of Homeland Security (DHS) released a final rule Friday that will allow certain employers who use E-Verify to continue verifying employees’ I-9 documents remotely, making permanent a flexibility implemented during the COVID-19 pandemic.  

The new rule will go into effect August 1, 2023 and will only apply to workers hired after the regulation’s effective date. Under the new rule, employers must use E-Verify to compare what’s on an employee’s I-9 form to records DHS has on file. Employers will need to keep “clear and legible copies” of every document received from the employees related to the I-9 employment eligibility verification form in case DHS were to decide to conduct an audit. This includes social security cards, passports, driver’s licenses or permanent resident cards.

Employers using the alternative method will also need to conduct video interviews with employees as part of the document verification process. Additionally, U.S. Citizenship and Immigration Services (USCIS) announced Friday that it’s rolling out an updated I-9 form, which will include a box employers will need to check if using the alternative verification method. USCIS said the form was streamlined to “reduce employer and employee burden associated with the form.” It can now be downloaded and filled out on mobile devices more easily, according to USCIS.

Law360 published an in-depth article on this topic. To read it in full, click here. Please note Law360 requires an active subscription to access full articles.

Ulmer’s Immigration Law Group is prepared to support you and your organization with your business needs. Please contact our immigration attorneys if you have any questions.

The information provided in this client alert speaks only to the information and guidance we have available as of the date of publication and is subject to change. We will continue to follow further issued guidance and regulations and endeavor to post those updates via our website. Please continue to follow these updates at This legal update was created by Ulmer & Berne LLP, and is not intended as a substitute for professional legal advice. Receipt of this client alert, by itself, does not create an attorney client relationship.