Today the Department of Homeland Security published a new rule (effective August 1, 2023) permitting qualified employers to electronically inspect I-9 documents.  You can review it here: Federal Register :: Optional Alternative 1 to the Physical Document Examination Associated With Employment Eligibility Verification (Form I-9)

Qualified employers are those in good standing that are enrolled in E-Verify with respect to all US hiring and comply with all requirements of E-Verify.

Qualified employers who choose to use this new alternative procedure must retain a clear and legible copy of all documents presented by the employee (front and back). Employers will need to conduct a live video interaction with the employee after they send copies of their I-9 documents to ensure that the documentation reasonably appears to be genuine and related to the individual.

Any employees involved in the E-Verify process will need to complete training (which is offered by E-Verify) on fraud awareness and anti-discrimination.

Reach out to counsel with any questions if you are a qualified employer considering adopting this new inspection method.