BACKGROUND
Historically, employers have been required to physically meet with and review the identity and work authorization documents of all new employees. USCIS made an unprecedented exception for the duration of the pandemic emergency that enabled employers to review work authorization documents remotely using a video call.
Acknowledging the paradigm shift this virtual process created, USCIS announced a long-term virtual review process termed “Alternative Procedure”. While this exciting change offers new flexibility and convenience, it comes with some notable strings attached. Let’s look in detail at the benefits and drawbacks employers should consider before implementing this new workflow.
WHO CAN USE ALTERNATIVE PROCEDURE
The criteria to use Alternative Procedure is much more strict than the temporary process allowed during COVID-19. Here are the requirements:
Employer must utilize E-Verify
Employer must be in good standing with E-Verify
Must undergo the proper training
Must offer to all employees or offer only to remote employees while still requiring a physical inspection for onsite employees
Have means to securely retain and present clear and legible copies of all documents presented (As a WorkBright customer all documents are uploaded and stored with bank-grade security.)
WHAT IF I'M NOT USING E-VERIFY?
Employers that would like to utilize the Alternative Procedure but aren’t using E-Verify can enroll on the Official E-Verify Website. WorkBright’s integrated E-Verify automation creates a new E-Verify case using the information recorded on our Smart I-9 as soon as Section 2 is completed. Click HERE for details on creating an E-Verify account that can integrate with WorkBright.
HOW DOES THE ALTERNATIVE PROCEDURE WORK?
If the employer meets the program criteria and is using the 2023 Form I-9, the Alternative Procedure can be used to inspect work authorization documents for employees hired after August 1st, 2023.
Once you've invited your employees to WorkBright to complete their Form I-9 and other onboarding documents, here’s an overview of the Alternative Procedure:
Document Submission: Employee uses WorkBright to complete Section 1 and uploads copies of identity and work authorization document(s).
Virtual (Video) Meeting: Employee and a company representative with administrative access to WorkBright arranges to meet via video conference.
Document Inspection: The company representative verifies that the documents uploaded into WorkBright by the employee appear genuine, related to the employee and match the documents presented over video conference.
Sign Section 2: Company representative digitally signs Section 2 of the Form I-9 in WorkBright and checks the box indicating that the alternative procedure was used. (Signing Section 2 is done via the "Complete I-9 Employer Section" button next to the "reject" button.)
Document Meeting Date: The company representative updates the Additional Information section of the employee’s Form I-9 with the video conference meeting date.
Submit to E-Verify: WorkBright will automatically submit the information to E-Verify once Section 2 is completed.
ARE THERE ANY DISADVANTAGES TO USING ALTERNATIVE PROCEDURE?
While it’s exciting to see the government move Form I-9 in a progressive direction to accommodate a more virtual world, even with using WorkBright to support your Form I-9 workflow, there are some distinct challenges employers should consider before switching to this process.
All-in on E-Verify: Once you start E-Verify, you’re required to run all employees for a single Hiring Site through the system to remain compliant.
Logistical Burden: In some ways, virtual review simplifies Section 2—such as the move away from in-person meetings. However, it’s important to consider the additional steps and processes required. With the new Alternative Procedure, you will to conduct a secure video meeting ad coordinate virtual meetings across time zones.
Audit Log Ambiguity: How do you document the authenticity of a virtual meeting? The USCIS has offered some general guidance on how to document an Alternative Procedure in the Additional Information box, but employers will need to develop their own audit-log standards and processes to ensure crystal-clear records of these virtual meetings.
WHAT ARE MY OPTIONS IF I DON'T WANT TO USE THE ALTERNATIVE PROCEDURE?
Physical document inspection is required if you do not use the alternative procedure. As a WorkBright customer, you have two options for physical inspection:
1. Complete on-site physical inspections. You would invite your employees to complete Section 1 using WorkBright and then ask the employees to bring their documentation on-site for physical inspection by a company representative with HR access to WorkBright. They would review the documents and then digitally sign Section 2 in WorkBright.
2. Optimize physical inspections using WorkBright's Smart, Remote I-9. We’re a bit biased, but we still believe the perfect harmony of ease, security, and compliance is WorkBright's Smart, remote I-9. WorkBright uses a hybrid process that securely facilitates a digital I-9 while including a compliant physical document review by an Authorized Representative. It’s less admin work than Alternative Procedure, has a more robust audit trail, and doesn’t require you to use E-Verify (but fully supports it if you choose to). Here’s why it’s still the gold standard I-9:
Speed & Ease – We’ve simplified the I-9 for both employers and their new team members. Send an I-9 to an employee in under a minute, they select an authorized representative to complete Section 2, and their completed and audit-ready I-9 is back in your account in mere minutes.
Improved Employee Experience – Our Smart I-9 guides your employees through both Sections of Form I-9 with user-friendly instructions and videos that make it a fast and painless process.
Error Mitigation – WorkBright offers built-in compliance guardrails to catch errors before they’re made. Including scanning and transcribing work authorization documents to avoid manual data-entry errors.
Audit Confidence – Robust and legally reviewed audit trail for every step of the process. You’ll get a detailed log of locations, IP addresses, and timestamps to validate your reviews in case of ice i 9 audit procedures.
WorkBright’s Smart remote I-9 is the lightning-fast, error-free, and 100% compliant way to physically complete I-9 remote verification. If your organization has not yet increased speed & accuracy by activating this functionality, visit our remote I-9 tour HERE to learn more.
If you're an Administrator authorized to make changes to your WorkBright account, you can always navigate to the Settings tab and select the Remote I-9 module to submit a request to add Remote I-9. One the request is submitted, a member of our team will reach out to you to provide additional information.