Learn how to verify the identity and employment eligibility of remote workers by completing Form I-9. Find out the best options, tips, and mistakes to avoid.

Per DHS, this flexibility provision is ending in July of 2023 and this will no longer be an option! This was started as a temporary measure around the pandemic and is now set to end

This is NOT correct! per the everify.gov website - E-Verify does not replace the legal requirement to complete and retain Form I-9. This needs to be removed!!

How do you handle I-9 verification for remote hires?

One of the legal aspects of employee orientation is verifying the identity and employment eligibility of new hires. This is done by completing Form I-9, which requires the employer and the employee to review and sign certain documents. But what if your new hire is working remotely and you can't meet them in person? How can you ensure compliance with the law and avoid penalties? Here are some tips and best practices for handling I-9 verification for remote hires.

1 Use an authorized representative

One option is to use an authorized representative to act on your behalf and complete Section 2 of Form I-9 with the remote employee. This can be anyone you trust, such as a notary public, an attorney, a friend, or a family member. However, you are still responsible for the accuracy and completeness of the form, and you must provide the representative with clear instructions and guidance. You also need to keep a record of the representative's name and contact information.

Add your perspective

Yuri Kruman 🇮🇱

AI x HR | I build Enterprise-Grade HR Tech Stacks for Startups and SMBs | M&A and GTM strategy for HR Techs | Executive Transition Coach | 7x book author
Report contribution
PEOs like JustWorks can take care of this and other critical admin tasks during onboarding. I’ve found this to be the most efficient and compliant way to take care of this without the stress and anxiety of getting junior HR team members to do it. Outsourcing basics like this lets HR work on higher-value strategic projects, for which they never otherwise have time.

Like

2 Use a video conference

Another option is to use a video conference to verify the remote employee's identity and employment eligibility. This can be done by asking the employee to show you their original documents on camera and then sending you a copy of them by email, fax, or mail. You must review the documents within three business days of the employee's start date and complete Section 2 of Form I-9. You must also retain the copies of the documents and note on the form that you verified them by video conference.

Add your perspective

Shari Laurin

Business Development Manager @ Trillium Staffing Solutions | Strategic Business Development - Helping Employers Build Bigger/Stronger/Better Teams!
Report contribution
Per DHS, this flexibility provision is ending in July of 2023 and this will no longer be an option! This was started as a temporary measure around the pandemic and is now set to end

Like

3 Use an electronic verification system

A third option is to use an electronic verification system, such as E-Verify, to confirm the remote employee's employment eligibility. E-Verify is a web-based service that compares the information from Form I-9 with data from the Department of Homeland Security and the Social Security Administration. You must enroll in E-Verify and follow the rules and procedures for using it. You must also complete Section 2 of Form I-9 and retain a copy of the employee's documents.

Add your perspective

Shari Laurin

Business Development Manager @ Trillium Staffing Solutions | Strategic Business Development - Helping Employers Build Bigger/Stronger/Better Teams!
Report contribution
This is NOT correct! per the everify.gov website - E-Verify does not replace the legal requirement to complete and retain Form I-9. This needs to be removed!!

Like

4 Avoid common mistakes

No matter which option you choose, you should be aware of some common mistakes that can result in fines, audits, or lawsuits. These include asking the remote employee to complete Section 2 of Form I-9 by themselves or to sign it before they start working, requesting more or different documents than required by Form I-9, discriminating against the remote employee based on their citizenship, immigration status, or national origin, and failing to complete, update, or retain Form I-9 and the supporting documents for the required period of time.

Add your perspective

5 Review your policies and procedures

Finally, you should review your policies and procedures for handling I-9 verification for remote hires and make sure they are consistent, compliant, and documented. You should also train your staff, managers, and authorized representatives on how to follow them and what to do in case of any issues or questions. You should also monitor your compliance and conduct internal audits regularly to identify and correct any errors or gaps.

Add your perspective

How do you handle I-9 verification for remote hires?

1

2

3

4

5

1 Use an authorized representative

2 Use a video conference

3 Use an electronic verification system

4 Avoid common mistakes

5 Review your policies and procedures

Onboarding

Rate this article

Thanks for your feedback

More articles on Onboarding

More relevant reading