How to conduct Remote I-9 Verification?
For every employer completing Form I-9, employment eligibility verification presents a seemingly straightforward yet crucially complex task in the hiring process. Each new employee must present a document to prove their identity and eligibility to work for a U.S.-based employer, and the employer is required to carefully examine the document provided and promptly verify the worker’s authorization. Failing to do this within the specified timeframe or inaccuracies in the process could lead to significant fines—even criminal charges.
The updated version of Form I-9, Employment Eligibility Verification, has been available for use since August 1, 2023. Employers may remotely verify employees’ Form I-9 documents, provided they are enrolled in E-Verify. The alternative procedures are outlined in a notice published in the Federal Register on July 25, 2023.
Reasons to Introduce Remote I-9 Verification
To complete Form I-9, both the employee and the employer or an authorized representative must be involved. The employee is responsible for filling out Section 1, while the employer must complete Section 2 and Section 3. The Section 3 needs to be filled in the case of rehires, legal name changes, or reverification. Section 1 of Form I-9 must be completed by the employee by their first day of work for pay. The employer must complete Section 2 within three business days from the date of hire. However, if an employee is hired for less than three business days, Section 2 must be completed no later than their first day of employment.
As technological advances and the nature of some businesses have increased the number of workers hired to perform duties remotely over the last decade, the U.S. Citizenship and Immigration Services (USCIS) established guidelines for employers to designate an authorized representative to act on their behalf and complete Section 2 of the Form I-9. This enables a remote I-9 verification process.
Employers in good standing with E-Verify are eligible to remotely examine their employees’ documentation. They must use a DHS-authorized alternative procedure at their E-Verify hiring sites.
Overcoming Remote I-9 Verification Challenges
Despite the flexibility provided by remote verification, employers must remain vigilant about the potential challenges this process may entail. They must make necessary preparations to stay compliant and avoid fines and penalties for unintentional violations.
Working With Authorized Representatives
Businesses can appoint any individual as an authorized representative for the remote I-9 verification process This may include friends or family, personnel officers, foremen, agents, or notaries. However, it is advisable to choose someone who is familiar with Form I-9 and experienced in document inspection and verification, as employers remain liable for any violations or mistakes made by their representatives.
This choice may not be unrestricted, depending on the state. For instance, in California, only licensed attorneys, individuals authorized under federal law to provide immigration services, and individuals qualified and bonded as immigration consultants may act as authorized representatives for remote I-9 verification.
Completing the Remote I-9 Forms With No Errors
Employers must ensure that, although the process is completed without their physical presence, the likelihood of making an error is minimized. A clear set of rules and detailed instructions should be provided to both the new employee and the authorized representative completing the form.
These instructions should outline the steps both parties need to follow, including any additional business documentation that may require signatures. Additionally, when notaries serve as authorized representatives, it’s important to emphasize that they are not required to provide their seal on document. Their role as notaries has no bearing on their duties in the remote I-9 verification process.
Getting Enrolled in E-Verify
Employers participating in E-Verify also face additional compliance concerns. With the tight three-day deadline, employers must act swiftly to ensure I-9 forms are verified in time for a review and timely submission. Tentative Nonconfirmations (TNCs) occur when the information entered in E-Verify does not match the records in the Social Security Administration (SSA), DHS, or both. In such cases, the employer must notify the remote employee and take steps to correct the mismatch.
The extension of the deadline for resolving mismatches, which was introduced during the pandemic, ended in July. Conversely, the proposed DHS intends to provide more flexibility in remote I-9 verifications for employers enrolled in E-Verify who have no history of I-9 violations.
Introducing Efficient Technology
To mitigate potential mistakes and violations, many employers find that relying on efficient electronic I-9 solutions is beneficial. These solutions streamline the storage and tracking of documentation and simplify remote hiring, offering added security while enhancing E-Verify and I-9 compliance.
When selecting a system, employers should carefully evaluate its features to ensure the technology facilitates a straightforward, secure, and efficient process for I-9 verification, storage, and management, rather than making it complex and daunting.
By opting for a comprehensive electronic automated system, employers can eliminate a significant portion of the challenges involved and ensure an efficient onboarding process for remote employees without the worry of compliance issues or the outcomes of an I-9 audit.
Remote I-9 Verification in Response to the Growing Remote Workforce
The future of work is often unpredictable, but it seems clear that remote and hybrid models are here to stay. For many individuals, remote work is a necessity—whether due to geographic location or physical disabilities that make in-person document inspections challenging.
Various factors contribute to the shift toward remote work, including technological advancements, economic trends, and diverse employee needs. While this flexibility offers numerous advantages for businesses and staff alike, it also presents management and compliance challenges that must be addressed in all aspects of business operations.
Given that Form I-9 is a vital step in establishing a working relationship, the importance of completing it correctly—whether in person or through remote I-9 verification—cannot be overstated.
An automated solution can significantly reduce the risk of errors in the I-9 verification process by incorporating built-in quality control mechanisms, providing safe storage and easy access to I-9 forms, issuing timely notifications for expired authorizations, and integrating E-Verify along with data verification algorithms.
FAQs
How do remote companies verify I-9 documents?
For companies hiring remote employees, understanding the I-9 verification process is crucial.
Remote Examination of Documents Procedures:
- Examine copies (front and back, if the document is two-sided) of Form I-9 documents or acceptable receipts. This ensures that the documentation presented appears genuine and relates to the employee.
- Conduct a live video interaction with the individual presenting the document(s). Confirm that they look genuine and correspond to the individual. The employee must first send a copy of the document(s) to the employer (as outlined in Step 1). Then they can present the same document(s) during the live video meeting.
- Retain a clear and legible copy of the documentation (front and back if the documentation is two-sided).
- Indicate that an Alternative Procedure was used on Form I-9:
- On the Form I-9 dated 08/01/2023, check the box in the Additional Information field in Section 2. This indicates the use of an alternative procedure.
- On the Form I-9 dated 10/21/2019, note “Alternative Procedure” in the Additional Information field of Section 2.
What are I-9 verification services for remote employees?
To facilitate remote I-9 verification, several services are available to help employers ensure compliance and accuracy. Electronic I-9 software platforms, like those offered by Experian Employer Services, provide remote-friendly solutions for verifying employee identities. These platforms allow secure document uploads, facilitate electronic signatures, and help identify any errors to ensure compliance.
Additionally, E-Verify is a federal internet-based system operated by the DHS in partnership with the SSA that helps employers confirm the employment eligibility of newly hired employees. By entering information from an employee’s Form I-9, E-Verify compares it against government databases to verify the employee’s eligibility to work in the U.S. While participation in E-Verify is voluntary for most employers, it serves as a valuable tool for maintaining compliance with work authorization regulations.
What is remote Form I-9?
Remote Form I-9 refers to the process of reviewing and verifying identity and employment eligibility documents needed to complete Form I-9 from a distance. The Form I-9 process is the same for remote and in-person employees; Section 1 must be completed by employees, who provide personal information, attest to their work authorization, and sign the form.
Section 2 must be completed by the employer or an authorized representative, who reviews Section 1 and completes Section 2 after inspecting the employee’s original identification and employment authorization documents.
What is the recent announcement regarding I-9 remote verification?
A recent announcement indicated that the temporary remote verification process ended on July 31, 2023. The new version of Form I-9, Employment Eligibility Verification, has been available for use since August 1, 2023. Employers may now remotely examine employees’ Form I-9 documents if they are enrolled in E-Verify. The alternative procedure is outlined in a notice published in the Federal Register on July 25, 2023.
Is there a permanent I-9 remote verification process in place?
Yes, employers in good standing with E-Verify can remotely examine their employees’ documentation. They must use a DHS-authorized alternative procedure at their E-Verify hiring sites.
