Immigration is once again front and center in the national conversation, and the renewed focus has prompted many employers to reexamine their I-9 practices. A recurring area of confusion, and where missteps are surprisingly common, is the requirement to physically inspect original documents in the presence of the employee.

Although this rule has been part of the I-9 process since its inception, pandemic-era flexibilities, followed by the Department of Homeland Security’s creation of a limited remote verification option, have left many employers uncertain about what is required today. The bottom line: in-person inspection remains the default, and shortcuts can leave an employer out of compliance.

Form I-9 may feel like simple paperwork, but regulators view the verification step as its cornerstone. Done carefully, it is routine. Done sloppily, it can become a compliance time bomb. With enforcement agencies sharpening their pencils, now is the time to revisit your onboarding procedures and ensure your document verification practices line up with the current rules.

In-Person Verification: The Longstanding Default Rule

The general rule under federal law is straightforward: employers must physically inspect each original, unexpired document that a new hire presents, and they must do so in the employee’s presence. This requirement applies whether the employee presents a passport, a driver’s license and Social Security card, or any other combination of documents from the Lists of Acceptable Documents.

• Timing: Section 1 of Form I-9 must be completed by the employee no later than their first day of employment or before receiving any pay. Following that, the employer must physically inspect the employee’s original documents and complete Section 2 within three business days of the employee’s first day of work. For very short-term hires (three days or less), the inspection must occur on the first day.
• Authorized representatives: Employers are allowed to appoint an authorized representative to complete the in-person review on their behalf. This can be a manager, HR contractor, or even a notary acting as the employer’s agent. Importantly, no special certification is required for the representative. However, the employer remains legally responsible for the accuracy of the process. If the representative mishandles the verification, it is the employer who will face liability.
• Purpose: The purpose of handling original documents is to allow the employer to review security features, confirm the photo matches the employee, and ensure that the documents reasonably appear genuine. A photocopy or email attachment cannot provide the same assurance.

While the requirement may feel old-fashioned in an era of remote work and electronic onboarding, the Department of Homeland Security (DHS) continues to insist that physical inspection is the standard method of compliance.

E-Verify: An Extra Layer, Not a Replacement

Employers often assume that participation in E-Verify relieves them of the obligation to conduct an in-person document review. It does not.

• Supplement, not substitute: E-Verify checks the information on the I-9 against government databases, but it does not replace the inspection step. Employers must still complete the I-9, including physical review of original documents, before running anything through E-Verify.
• No cure for errors: If the I-9 was completed without in-person review, entering the information into E-Verify does not “fix” the defect. Regulators have been clear that E-Verify is an added safeguard, not a cure.
• Special requirements: E-Verify does impose certain additional obligations, such as requiring that any List B identity document include a photograph. But those documents must still be presented in person for review.

The message is simple: E-Verify is valuable, but it does not give employers a hall pass on document inspection.

Pandemic Flexibilities: Ended in 2023

From March 2020 through July 2023, DHS temporarily allowed employers to inspect documents remotely if employees were working exclusively from home due to COVID-19. This accommodation ended on July 31, 2023. Employers who relied on the flexibility were required to conduct in-person inspections of all affected I-9s by August 30, 2023.

If any I-9s in your files were never updated to reflect an in-person inspection, they are now out of compliance. Employers should identify and correct those forms as soon as possible. Regulators have made clear that they will treat missed deadlines as violations, and Immigration and Customs Enforcement (ICE) has authority to audit I-9 records at any time.

The Remote Alternative: A Narrow Path for E-Verify Employers

Acknowledging the realities of a distributed workforce, DHS created a new alternative procedure, effective August 1, 2023, that allows employers in E-Verify to perform remote inspections under specific conditions.

Eligibility: Only employers actively enrolled in and compliant with E-Verify may use the option. Compliance means using E-Verify consistently for all new hires at participating sites and adhering to program rules.

Required steps:

1. The employee provides copies of their documents.
2. The employer reviews the copies.
3. The employer and employee participate in a live video interaction where the employee shows the same original documents.
4. The employer retains clear, legible copies of all documents with the I-9 file.
5. The employer notes use of the alternative procedure by checking the box on the current I-9 form (08/01/23 edition).

Consistency: Employers may use the alternative procedure for remote hires while continuing in-person verification for onsite employees. What they cannot do is apply the practice selectively in ways that could appear discriminatory.

This option offers welcome flexibility for companies with remote teams. However, skipping the live video call or failing to retain copies will render the verification invalid.

Risks of Skipping In-Person Verification

The consequences of failing to complete document inspection properly are significant.

• Civil penalties: Paperwork violations can result in fines of up to nearly $3,000 per I-9 in 2025. Multiple violations can add up quickly.
• Repeat or serious offenses: Employers who engage in patterns of noncompliance or knowingly hire unauthorized workers face higher fines and potential criminal liability.
• Operational impact: ICE audits drain time, resources, and attention, even if no unauthorized workers are found. They can also harm reputation and lead to ongoing monitoring obligations.

Employers should not treat document inspection as a technicality. It is one of the most scrutinized aspects of employment eligibility verification.

Practical Steps for Employers

• Refresh training. Ensure recruiters, HR staff, and hiring managers understand that physical inspection of original documents is still the baseline requirement.
• Clarify use of representatives. If relying on local managers, notaries, or other third parties, provide clear instructions and written guidance. Remember that the employer bears ultimate liability.
• Review E-Verify practices. Confirm that participation in E-Verify is not being confused with, or substituted for, the I-9 inspection process.
• Consider the remote option carefully. For eligible E-Verify employers, the new alternative can save time, but only if all required steps are consistently followed.
• Check legacy files. If any I-9s were completed under pandemic flexibilities, make sure they have been updated with proper in-person verification.

Closing Thought

Form I-9 may seem routine, but regulators view in-person document inspection as its foundation. In today’s climate of heightened immigration enforcement, “close enough” is not good enough. Employers that take the time to ensure every I-9 is properly completed, whether through in-person inspection or the approved remote alternative, will be far better prepared if enforcement comes calling.