USCIS Releases New Form I-9 with Remote Document Examination Option

What Changed

U.S. Citizenship and Immigration Services (USCIS) released a revised Form I-9 (edition date 08/01/2023) and established a new permanent rule allowing qualified employers to remotely examine I-9 identity and work authorization documents. The new form became available on August 1, 2023, and became mandatory for all employers on November 1, 2023 — the previous edition (10/21/2019) is no longer accepted.

The remote examination option is a significant change from the COVID-era temporary flexibility. Under the new permanent rule, employers enrolled in E-Verify may examine employees' Form I-9 documents remotely through a live video interaction, rather than requiring in-person physical document review.

Who Is Affected

All U.S. employers must use the new Form I-9 for every new hire and reverification. The remote document examination option is available only to employers who are enrolled in E-Verify. Employers not enrolled in E-Verify must continue to examine documents in person.

This change is particularly impactful for employers with remote or hybrid workforces, multi-state operations, or distributed hiring processes.

Where It Applies

The new Form I-9 and its requirements apply to all employers in the United States, including U.S. territories. The remote examination alternative is available nationwide to E-Verify participants.

When It Takes Effect

August 1, 2023: New Form I-9 (edition 08/01/2023) becomes available; employers may begin using it immediately.
November 1, 2023: New Form I-9 becomes mandatory. Employers must stop using the previous edition.
August 30, 2023: Deadline for E-Verify employers who used COVID-era remote examination to complete in-person reverification of documents previously examined remotely — or to use the new alternative procedure.

Why It Matters

The Form I-9 is one of the most fundamental employment compliance documents, and errors or failures in I-9 completion are among the most common violations found during audits by Immigration and Customs Enforcement (ICE). Civil penalties for I-9 violations range from $252 to $2,507 per violation for substantive or uncorrected technical errors, and $627 to $25,076 per worker for knowingly hiring or continuing to employ unauthorized workers.

The remote examination option addresses a major operational gap that emerged during the pandemic. However, it comes with strict procedural requirements — employers cannot simply accept document photos via email.

The Humareso Take

This is a welcome modernization, but it comes with strings attached. The ability to remotely verify I-9 documents is a game-changer for employers with distributed workforces — but only if you're enrolled in E-Verify and follow the procedures exactly. We strongly recommend that employers who aren't yet using E-Verify evaluate enrollment, especially if you regularly hire remote employees. And regardless of your E-Verify status, make sure you've transitioned to the new form before the November 1 deadline. Getting caught on an old form during an ICE audit is an easily avoidable mistake.

Recommended Action Steps

Transition to the new Form I-9 (edition 08/01/2023) immediately and ensure all HR staff and hiring managers are using the correct version.
Evaluate E-Verify enrollment if your organization is not currently participating, particularly if you have remote or multi-state employees.
Establish a documented remote examination procedure if enrolled in E-Verify, including live video protocols, document copy retention, and proper form notation (check the alternative procedure box in Section 2).
Audit existing I-9 files for any documents that were examined remotely during the COVID-19 flexibility period and complete required reverification by the August 30, 2023 deadline.
Train all personnel involved in I-9 completion on the new form's changes and the requirements for remote document examination.
Contact your Humareso representative for guidance on I-9 compliance procedures and E-Verify enrollment considerations.