H-1B workers and other visa holders complete the same Form I-9 as everyone else. The differences are in which documents they present and, importantly, in reverification when their work authorization has an end date. Add remote onboarding to the mix, common for tech and specialized roles, and a few extra details matter. Here is how to handle I-9 verification for H-1B and remote hires without tripping up.
Quick note: Form I-9 is officially titled the Employment Eligibility Verification form. If you have seen it called that, it is the same document.
1 Same form, everyone
There is no special I-9 for visa holders. H-1B, L-1, TN, F-1 with work authorization, and others all use the standard Form I-9. What changes is the paperwork the employee is likely to present and whether an expiration date triggers a future reverification.
2 What H-1B workers can present
Like any employee, the worker chooses their own documents. In practice, visa holders often present:
- A foreign passport with an I-94 and endorsement, which can satisfy List A in certain cases
- An Employment Authorization Document (EAD), a List A document
- A List B identity document plus a List C work-authorization document
3 Verifying a remote or out-of-state hire
Many H-1B and specialized roles are remote. You still need Section 2 done within three business days, and you have the same two paths as any remote hire:
- If you are on E-Verify in good standing, use the DHS remote procedure with a live video review.
- Otherwise, an authorized representative examines the original documents in person wherever the employee is located.
4 Reverification when status expires
This is where visa hires differ most. When a work-authorization document with an expiration date lapses, you must reverify on Supplement B before the old authorization ends, so there is no gap. Track those dates from day one. For an H-1B extension or a change of status, the employee presents current evidence of continued authorization, and you record it.
5 A quick employer checklist
- Section 1 completed by the employee on day one
- Section 2 completed within three business days, in person or by the remote method you qualify for
- Documents chosen by the employee, not requested by you
- Expiration date recorded and calendared for reverification
- Form stored with your other I-9s, ready for audit
Onboarding an H-1B or remote hire?
We verify documents in person as your authorized representative and complete Section 2 on time, anywhere in NYC.
Yes. Every employee hired to work in the US completes an I-9, including H-1B and other visa holders.
What documents does an H-1B worker show for the I-9?
Their choice from the acceptable lists. Common options include a foreign passport with an I-94, an EAD, or a List B plus List C combination.
Do we reverify H-1B employees?
Yes, when their work-authorization document expires. Use Supplement B before the old authorization ends to avoid a gap.
Can we verify a remote H-1B hire?
Yes. Use the DHS remote procedure if you are on E-Verify, or have an authorized representative examine the documents in person.
Related reading: what I-9 verification is and the employer step-by-step guide.
More on I-9 verification: I-9 verification in NYC, online and remote I-9 verification, and I-9 verification for employers.
This article is general information, not legal advice. Federal I-9 rules and acceptable documents for visa holders change over time. Confirm current requirements with USCIS at uscis.gov/i-9 or an immigration professional.