I-9 Compliance for Remote Employees - A Guide for Companies

Form I-9 is an official Employment Eligibility Verification in the United States. It is mandated by the Immigration Reform and Control Act of 1986.

Today, all companies, irrespective of their size and industry, need to get an I-9 compliance form completed within three days of hiring new employees. Every employee needs to complete an I-9 form at the time of hire. It is needed for assessing the eligibility of the employee in terms of identity and authorization. Further, verifying eligibility documents may also be needed in some cases. It was all fine until the pandemic broke out.

More than 50% of the US workforce is working remotely as of now. According to experts, about 25-30% of them will continue this trend until the end of 2021. Under such circumstances, it is not feasible for companies to get all the new employees to the headquarters for their I-9 compliance.

So, should the companies go without evaluating the work eligibility and authorization of their remote workers? Of course, no!

Scroll on to know what you, as an employer, can do to maintain compliance in the current situation.

Stay Updated
The Department of Homeland Security (DHS) and the Immigration and Customs Enforcement has extended the flexibility in I-9 compliance requirements until November 19, 2020. Under section 274A of the Immigration and Nationality Act, the employer needs to verify the eligibility documents in the physical presence of the new employee. Because of the pandemic, the latest updates have relaxed this rule by omitting the physical presence factor. Now, the employer can check the documents sent through fax or mail in the absence of the employee. At first, the relaxations were supposed to be lifted in June but got extended nonetheless. However, one needs to note here that the relaxations are valid only for 100% remote-working companies. If even one employee is present at the workplace, the in-person verification will be mandatory. If the employee is quarantined because of COVID-19, the DHS may consider the case as an exception.

Appoint Authorized Officials
For remote workers, the employers are allowed to request authorized officials, like a foreman, or a notary public, to complete sections 2 and 3 of the I-9 form on the organization’s behalf. One does not need any official permission to appoint such people. But the employer is liable for any illegal action or mistake by the official during the verification process. Hence, for instance, in California, only a certified immigrant official is allowed to carry on with the verification process on the company’s behalf. So if you are planning to hire a remote working team, go ahead and let the officials handle the verification process.

Appoint E-Verify Services Providers
The E-Verify system is a voluntary program for most employers but the ones with federal contracts or subcontracts. For the latter group, it is mandatory. It helps compare the information from the employees I-9 form with Social Security Administration and DHS records electronically. Although the E-Verify procedure does not replace the I-9 compliance, it acts as a double-layered evaluation for remote employees. Opt for third-party E-Verify services providers with an extensive network of notaries and compliance management experts to help streamline the I-9 compliance process. It also helps minimize the chances of errors in I-9 submission.

Seek Customizations
You may approach the Immigration Counsel to develop customized I-9 compliance solutions at the time of crisis. The HR department needs to be made aware of reviewed policies or instructions from the Counsel. Develop strategies based on these instructions for the authorized representatives, as well as the employees. Last but not least, you may need to create a bespoke solution to convert the paper I-9 into an electronic format.

Wrapping it up
Right now, we are in a situation that none of us expected in the first place. None of us were prepared for it. But as we go along the way and adapt to the new normal, we should work in coherence with the federal and state laws regarding I-9 compliance.

Seek advice from the Immigration Counsel as and when required. Design new methods and integrate technologies to take the verification process online. Review the remotely-filled forms discreetly and leave no stone unturned to ensure compliance. Keep an eye out for missing information, wrong or unauthorized documents that can create a problem later. For remote-working employees, one needs to be a little more careful. It does not harm to seek help, so do not hesitate whenever there seems to be a need.