3 rules employers need to know before remotely reviewing Form I-9 documents
The August 1 update of the Form I-9 offers the option for a video review of employee documents, but employers need to jump through some hoops before jumping on a call.
To be eligible for video review, employers must be enrolled in E-Verify. Employers use the E-Verify system to compare information entered on the Form I-9 with government records available to the U.S. Department of Homeland Security and the Social Security Administration. The system helps verify an employee’s eligibility to work in the United States.
As of August 1, E-Verify employers can also take advantage of another perk: Reviewing a remote employee’s Form I-9 documents over a video call. Employees who are not enrolled in the system must examine the documents in person or authorize a representative to do it for them.
To be use remote review, employers need to meet some important criteria:
- Be in good standing in E-Verify
Employers who choose to use the alternate procedure for reviewing employment verification documents need to be a participant in good standing in E-Verify. This means that the employer:- Has enrolled in E-Verify at hiring sites in the United States that use the alternative procedure,
- Is adhering to all E-Verify program requirements, including but not limited to verifying the employment eligibility of newly hired employees in the United States, and
- Continues to be a participant in good standing in E-Verify while using the alternative procedure.
- Ensure fraud awareness training has been completed
Employers enrolling in E-Verify, and any users who manage and create E-Verify cases, must complete an E-Verify tutorial that includes fraud awareness and antidiscrimination information. The free training is accessed as part of the E-Verify enrollment process. The training:- Provides an overview of how to avoid d provides an overview,
- Includes information on fraud indicators in identity and employment eligibility documentation, and
- Describes how an employer can examine Form I-9 documentation at various angles to help identify common document anomalies. Employers not enrolled in E-Verify may only use the remote review procedure after becoming a participant in good standing in E-Verify. To do this, they must enroll and receive the required training.
- Have a way to obtain and retain document copies
Before the employer reviews an employee’s identity and employment eligibility documents via video, the employee must transmit a copy of the document or documents to the employer. After the documents have been received, the employer conducts a video call with the individual presenting the document(s) to ensure that the documentation appears to be genuine and related to the individual.
An employer using remote document review must then retain all documents presented by the employee. The copies must be clear and legible.
Key to remember: Remote review of Form I-9 documents is a convenient feature of the updated Form I-9, but employers must make sure they are eligible to use it and that they properly store document copies.
