How to Verify I-9 for Remote Employees

Confirming remote i9 verification for remote employees presents unique challenges, but it is unavoidable when it comes to ensuring compliance with U.S. employment laws.

Form I-9, the Employment Eligibility Verification form is used to confirm the identity and employment authorization of individuals hired for employment in the United States.

Employers must complete and retain this form for every new employee, including remote workers.

Here’s a step-by-step guide on how to verify I-9 for remote employees effectively and in compliance with the law.

Understand the I-9 Requirements

Before diving into the verification process for remote employees, it is crucial to understand the basic requirements of Form I-9:

• Section 1: Must be completed by the employee on or before their first day of work.
• Section 2: Must be completed by the employer within three business days of the employee’s first day of work, involving the examination of documents presented by the employee.
• Section 3: Used for reverification and rehires.

Plan for Remote Verification

Develop a clear plan and process for remote I-9 verification. This should include:

Responsibilities: Assign specific HR personnel or authorized representatives to handle remote I-9 verification.

Training: Ensure those involved are trained on I-9 requirements and remote verification procedures.

Completing Section 1

For remote employees, the process for completing Section 1 remains the same: The employee fills out Section 1 of the I-9 form on or before their first day of employment. Ensure the employee provides accurate information and signs the form electronically or physically.

Choosing an Authorized Representative

One of the biggest challenges with remote i9 verification is completing Section 2, which requires physical examination of the employee’s documents. Employers can designate an authorized representative to act on their behalf:

Authorized Representative: This can be any person the employer designates, including a notary public, attorney, or trusted individual. The representative does not need to have any specific qualifications but must be trusted to accurately verify the documents and complete Section 2.

Guidance for the Authorized Representative

Provide clear instructions to the authorized representative:

Documentation: Explain the types of acceptable documents the employee can present.

Physical Examination: Instruct the representative to physically examine each document to ensure it appears genuine and relates to the employee presenting it.

Completion of Section 2: Guide the representative on how to fill out Section 2 correctly, including the document title, issuing authority, document number, and expiration date. Certification: Ensure the representative signs and dates Section 2.

Using Remote Tools

Utilize remote tools to facilitate the process:

Video Calls: Use video conferencing tools to guide the employee and authorized representative through the document verification process.

Electronic I-9 Systems: Consider using electronic I-9 systems that allow for remote completion and electronic signatures. These systems often provide step-by-step guidance and ensure compliance with federal regulations.

Document Retention and Storage

Properly retain and store the completed I-9 forms:

Retention Period: Retain I-9 forms for three years after the date of hire or one year after the date of termination, whichever is later.

Secure Storage: Ensure that I-9 forms, whether electronic or paper, are stored securely to protect sensitive employee information.

Compliance and Audits

Maintain compliance and be prepared for audits:

Internal Audits: Conduct regular internal audits of I-9 forms to ensure accuracy and compliance.

E-Verify: If using E-Verify, ensure that remote I-9 verification processes align with E-Verify requirements and timelines.

Handling Tentative Nonconfirmations (TNCs)

If using E-Verify and a TNC occurs:

Notify the Employee: Inform the employee of the TNC promptly and provide them with instructions on how to resolve it.

Follow Up: Assist the employee as needed and ensure the issue is resolved within the E-Verify timelines.

Continuous Improvement

Regularly review and improve your remote I-9 verification process:

Feedback: Gather feedback from employees and authorized representatives to identify areas for improvement.

Updates: Stay informed about changes in I-9 requirements and best practices for remote verification.

Conclusion

Verifying I-9 forms for remote employees requires careful planning and execution to ensure compliance with employment laws. By designating authorized representatives, using remote tools, maintaining proper documentation, and conducting regular audits, employers can

effectively manage the I-9 verification process for remote workers. Implementing these best practices helps ensure a smooth onboarding process and protects the organization from potential legal issues.