If you sponsor H-1B workers, hire OPT graduates, or employ anyone on a work visa, you already know Section 2 of Form I-9 requires examining original documents in person. What many employers don't realize is that "in person" is no longer the only option — and for companies with distributed foreign national employees, the alternative procedure is not a convenience. It is a compliance necessity.
This guide covers the DHS-authorized alternative procedure for remote document examination, how it works for foreign national employees specifically, and how to avoid the most common mistakes employers make when verifying documents for workers on H-1B, OPT, H-4 EAD, L-1, and TN status.
Section 2 of Form I-9 requires the employer or an authorized representative to examine an employee's original identity and employment authorization documents within three business days of their first day of work for pay. Traditionally, this examination had to happen face-to-face — the employer physically looked at the documents while the employee was present.
Since 2023, the Department of Homeland Security (DHS) has authorized an alternative procedure that allows employers enrolled in E-Verify to examine documents remotely via live video interaction. The rule is codified in 8 CFR 274a.2(b)(1)(ii)(A)(3) and administered through USCIS I-9 Central.
The key requirements:
Employers who are not enrolled in E-Verify cannot use the alternative procedure. Their only option for remote hires is to designate an authorized representative to examine documents in person at the employee's location.
For domestic hires presenting a driver's license and Social Security card, Section 2 is usually straightforward — someone in the office examines the documents. But foreign national employees create operational challenges that make remote verification essential:
H-1B workers frequently start at locations far from the employer's HR office. A technology company headquartered in San Francisco may sponsor an H-1B worker who reports to a client site in Dallas. A healthcare system may transfer an H-1B physician to a rural hospital 200 miles from the nearest HR team. The employer still has three business days to complete Section 2.
Foreign national employees present documents that HR teams see less frequently: foreign passports with Form I-94 arrival/departure records, Employment Authorization Documents (EADs), I-797 approval notices, arrival/departure stamps, and combination documents that require careful recording. An untrained authorized representative examining these documents in person at a remote site is more likely to make errors than a specialist examining them on a video call.
The three-business-day deadline is the same whether the employee works next door to HR or across the country. For foreign national hires, the stakes are higher — a late or incorrect Section 2 on an H-1B worker's I-9 can trigger both ICE penalties (for the I-9 violation) and scrutiny of the employer's overall H-1B compliance from the Department of Labor. Two agencies, two separate enforcement tracks.
Foreign national employees require reverification when their work authorization expires — on Supplement B of Form I-9, not through E-Verify. Employers who used the alternative procedure for the initial Section 2 can also use it for reverification, checking the corresponding box on Supplement B. For companies with dozens or hundreds of foreign workers across multiple visa categories and expiration dates, remote reverification removes the logistical barrier of getting an authorized representative to the employee's location every time an EAD or H-1B approval expires.
Employers have two options for completing Section 2 when the employee is not physically present with HR:
If you are enrolled in E-Verify in good standing, you can examine documents remotely yourself:
Consistency requirement: If you offer the alternative procedure to employees at an E-Verify hiring site, you must offer it consistently to all employees at that site. You may limit the alternative procedure to remote hires only while using physical examination for onsite employees — but you cannot selectively offer it based on citizenship, immigration status, or national origin.
Any employer — whether or not they participate in E-Verify — can designate an authorized representative to examine documents in person on their behalf. The authorized representative can be any person the employer designates: a colleague at the employee's location, a notary public, or a professional verification service.
The authorized representative must:
The employer is liable for any violations committed by the authorized representative. This is critical. If an untrained representative records documents incorrectly, misses an expiration date, or accepts an unacceptable document, the penalty falls on the employer — not the representative.
"The risk with authorized representatives is not finding someone to sign the form — anyone can do that," said Patricia, Director of Compliance at i9 Intelligence with 14 years of I-9 and E-Verify experience. "The risk is finding someone who knows what they are looking at. A foreign passport with an I-94 stapled inside, an I-797 approval notice, an EAD with a category code — these are not documents most people encounter in daily life. One wrong entry on Section 2 is a violation, regardless of who signed the form."
Understanding what documents H-1B, OPT, and other foreign national employees typically bring to Section 2 helps both remote examiners and authorized representatives complete the form accurately.
| Document | Common For | What to Record |
|---|---|---|
| Foreign passport + Form I-94 | H-1B, L-1, TN, H-4, new arrivals | Passport number, country, expiration; I-94 number and expiration (if applicable) |
| Employment Authorization Document (EAD) | OPT, H-4 EAD, pending adjustment | USCIS number, category code, card expiration date |
| Foreign passport + Form I-551 stamp | New permanent residents without card | Passport number, country; I-551 stamp expiration |
| I-797 with I-94 attached | H-1B extensions, OPT cap-gap | Receipt number, validity dates, I-94 number |
| List B (Identity) | List C (Employment Authorization) | Notes |
|---|---|---|
| Foreign passport (as identity doc) | EAD or other employment authorization | List B document must include a photograph if employer uses E-Verify |
| State driver's license | I-797 approval notice | Driver's license must be current and unexpired |
| State ID card | Unrestricted Social Security card | SSN card must not have "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" or "NOT VALID FOR EMPLOYMENT" restriction |
E-Verify requirement: If the employer participates in E-Verify and the employee presents a List B and List C combination, the List B document must contain a photograph. This eliminates certain identity documents that might otherwise be acceptable.
When a foreign national employee's work authorization expires and they present new documents, employers sometimes try to create a new E-Verify case. E-Verify cannot be used for reverification. Reverification happens entirely on Supplement B. The alternative procedure can be used for the remote examination during reverification, but no new E-Verify case is created.
The employee chooses which documents to present from the Lists of Acceptable Documents. This applies equally to remote and in-person verification. An employer cannot tell an H-1B worker to "show your passport and I-94" — even if that seems like the obvious choice. Document requests are unfair immigration-related employment practices under 8 U.S.C. 1324b.
If you offer remote examination to one employee at an E-Verify hiring site, you must offer it to all employees at that site. You can differentiate between remote and onsite hires (offering the alternative procedure only for remote hires is permitted), but you cannot differentiate based on citizenship or national origin. Offering remote verification to U.S. citizen hires but requiring in-person verification for H-1B hires is discriminatory.
The alternative procedure requires employers to retain clear, legible copies of all documents examined remotely — front and back if two-sided. This is different from traditional in-person examination, where copying documents is optional (and sometimes avoided to reduce document abuse risk). For remote examination, copies are mandatory and must be produced during a federal audit.
The three-business-day clock starts on the employee's first day of work for pay — regardless of where they work. For a remote H-1B hire starting on Monday, Section 2 must be completed by Thursday. If your remote verification process involves shipping documents, coordinating schedules across time zones, or finding a local authorized representative, three days disappears quickly.
Remote verification services are a third option that combines elements of both paths. The service provider acts as the employer's authorized representative and conducts the document examination via live video call with trained compliance specialists.
With platforms like i9 Intelligence, the process is built directly into the onboarding workflow — no separate coordination required:
For employers sponsoring H-1B workers, this model solves the two biggest operational problems: getting a qualified person in front of the employee within three business days, and ensuring that person knows how to correctly examine and record complex immigration documents.
Some employers take this a step further. A growing number of small and mid-market companies outsource 100% of their Section 2 verification to i9 Intelligence — along with E-Verify case creation and reverification tracking. In this model, the company handles hiring and the employee completes Section 1. Everything else — document examination, Section 2, E-Verify, expiration tracking, Supplement B — is managed by the i9 Intelligence compliance team. It works like a PEO for I-9 compliance: the employer does not need to train internal staff, track deadlines, or worry about audit readiness. The entire I-9 and E-Verify process is handled.
"What I love most is how the system handles remote hires. With more contractors working from different locations, this feature has become invaluable," said Sean, Owner of Life Story Co., in a SHRM review of i9 Intelligence.
| Factor | DHS Alternative Procedure | Authorized Representative | Remote Verification Service |
|---|---|---|---|
| E-Verify required? | Yes — must be enrolled and in good standing | No | Depends on service structure |
| Who examines documents? | Your HR team, via video | Any person you designate, in person | Trained compliance specialist, via video |
| Document expertise | Depends on your HR team's training | Depends on who you designate | Built-in — specialists are trained on all document types |
| Scalability | Limited by your HR team's bandwidth | Limited by finding reliable representatives in each location | Designed for high-volume, multi-location employers |
| Full outsource option? | No — your team still runs the process | No — you manage the representative | Yes — some providers handle 100% of Section 2, E-Verify, and reverification so the employer never touches the I-9 process |
| Best for | Small teams with E-Verify enrollment | Occasional remote hires with a trusted local contact | Employers with distributed workforces, frequent foreign national hires, or companies that want to outsource the entire I-9/E-Verify process |
The DHS alternative procedure (examining documents over live video) is only available to employers enrolled in E-Verify in good standing. Employers not enrolled in E-Verify must use an authorized representative who physically examines the documents in person — but that representative can be anyone the employer designates, including a remote verification service provider who sends trained representatives to the employee's location or conducts the examination at their own office.
Yes. The alternative procedure requires a live video interaction where the employee presents the same original documents they previously transmitted copies of. It is not sufficient to examine copies alone — the live video component is mandatory.
Yes. USCIS guidance confirms that the remote examination alternative procedure can be used for reverification and rehires. Check the corresponding box on Supplement B of Form I-9. However, do not create a new E-Verify case for reverification — E-Verify is only for initial hires.
If you cannot confirm that the document reasonably appears genuine and relates to the employee during the video call, do not complete Section 2. Reschedule with better video quality. Completing Section 2 when you could not adequately examine the documents is the same as completing it without examining them — a violation.
Yes. Unlike traditional in-person examination (where copying is optional), the alternative procedure requires employers to retain clear, legible copies of all documents — front and back if two-sided — for as long as the employee works for you, plus the required retention period after employment ends.
Need help verifying I-9 documents for remote or distributed employees? i9 Intelligence provides remote Section 2 verification with trained authorized representatives who know how to examine foreign passports, EADs, I-797 notices, and every document on the Lists of Acceptable Documents.
Call: (713) 668-6200 (Mon-Fri, 8am-5pm CT)
Email: support@i-9intelligence.com
Submit a ticket: https://www.i-9intelligence.com/submit-a-ticket
