Alternative E-Verify Procedure Now Available to Employers

As we mentioned last week, the Department of Homeland Security recently announced that, rather than examining an employee’s identity and employment authorization documents in person, employers who participate in E-Verify and are in good standing will have the option to conduct verification electronically and with a live video call interaction. 

Employers enrolled in E-Verify during the COVID-19 temporary flexibilities may use this alternative procedure to satisfy the requirement of physically examining Form I-9 documents that had been examined remotely under the COVID-19 flexibilities. This new flexibility is available for use by employers now.

To qualify for the alternative procedure, the employer must have:  

  1. performed remote examination of an employee’s documents between March 20, 2020, and July 31, 2023; 
  2. been enrolled in E-Verify at the time they completed the Form I-9 for that employee;  
  3. created a case in E-Verify for that employee (except for reverification); and  
  4. be currently enrolled in and continue to participate in E-Verify.

Employers who do not meet all four requirements must perform an in-person physical examination of documents by August 30, 2023. 

Click here for more information on the alternative procedure.