Question: If I have a new hire who works from home in another state, can she email me a copy of her driver’s license for me to use when completing the employer section of the Form I-9?
Answer: No, that doesn’t meet the requirements. As a general rule, employers are required to examine the new hire’s document(s) in the employee’s physical presence, looking at the new hire and the document(s) at the same time. However, since Aug. 1, 2023, employers participating in the federal E-Verify program may remotely examine Form I-9 documents through live video interaction (e.g., Zoom call with cameras turned on). The employee must first send a copy of the documents to the employer and then present the same documents during the live video interaction.
For more information, check out our Compliance Overview: Authenticating Form I-9 Identity and Employment Eligibility Documents.
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