Are you SURE you are up to date with the latest laws? Would you bet your salary on it? What about your company?
If it feels like the compliance space is ever-changing, it’s because it is! Between new procedures, updated guidance, and shifting enforcement priorities, there is too much for a hiring manager or small business owner to manage – especially with everything you already juggle every day. You need a HERO to help you Hire, Engage, Retain, and Offboard securely. Enter us: The Hayes Approach (THA)!
We flex our “compliance muscles” every day. Every. Single. Day. We put in the effort and do the research, so you can focus on growing your team and your business. Most recently, we attended Mitratech’s session on remote hiring and I-9 risk — specifically, how to get the DHS alternative procedure right. A few things stood out enough that we wanted to pass along.
The biggest one: a sharp rise in ICE Notices of Inspection (NOIs). This is an increase of roughly tenfold from 2024 to 2025 which signals that I-9 audits are becoming significantly more common. Importantly, the presenters noted that many of the compliance issues being identified aren’t intentional violations. More often, they’re procedural errors tied to changes made to the remote I-9 verification process in recent years. That said, some errors, even unintentional ones, are now immediately finable, which makes getting the process right more important than ever.
A lot of that risk centers on the DHS-authorized alternative procedure for remote I-9 verification. This isn’t as simple as completing an I-9 over Zoom or Teams — employers must follow four specific steps every time the process is used, and missing any one of them can create a compliance issue:
- Receive copies of the employee’s documents before step two.
- Conduct a live, interactive video review.
- Complete the required Section 2 alternative procedure checkbox.
- Retain front-and-back copies of the documents presented.
It’s also essential to remember that active E-Verify enrollment is required to use the alternative procedure, and that it must be applied consistently across each hiring site. Selecting some employees for remote verification while requiring others to complete the process may create anti-discrimination concerns.
Common Pitfalls to Avoid
- Using the alternative procedure without active E-Verify enrollment
- Failing to check the required Section 2 alternative procedure checkbox
- Receiving document copies after the video review, rather than before
- Retaining only the front of documents
- Treating a general onboarding call as the document examination
- Applying the process inconsistently across employees at the same hiring site
Action Items to Consider
- Confirm E-Verify enrollment before using remote I-9 verification procedures
- Review your remote I-9 process to make sure all four required steps are being completed, in order
- Audit remote I-9s completed since August 2023 to confirm the Section 2 alternative procedure checkbox was properly completed
- Continue maintaining consistent document retention practices, including retaining front-and-back copies where required
- Make sure anyone involved in I-9 completion or onboarding has been trained on the alternative procedure requirements and applies them consistently
The Bottom Line
So…if that felt like a lot of information to take in, you’re not alone. The alternative procedure can feel like something you’ve got down, until the requirements shift again. The good news is that it doesn’t have to fall entirely on you as a hiring manager or HR professional. THA can step in to help train your team, review your process, or support you through your own audit. And if this recap gave you a clearer sense of what compliant I-9 practices should look like, even better — that’s always the goal: confidence in compliance, from our business to yours.
