Immigration Spotlight Revives Questions About In-Person I-9 Verification

August 28, 2025

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.

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