No exception: Remote worker I-9 documents must be inspected
All new employees must complete the Form I-9 and present documents that verify their identity and eligibility to work in the United States. This also holds true when employees work remotely, even though employers have had some leeway because of the pandemic.
The documents presented by the employee must be inspected, to ensure that they appear to be genuine.
When employees work on-site, the documents can be physically handed to the employer for an inspection. When an employee works remotely, an employer must find another way to have the documents examined.
Using a designated representative
One option is to have a designated representative examine the documents. This individual can be anyone the employer trusts to carry out I-9 responsibilities on its behalf.
An employer could work with a lawyer, public official, or notary public to have the documents examined. The authorized representative could also be any other individual the employer trusts in this role.
Employer bears responsibility for errors
As the employer is ultimately responsible for any errors or omissions made by representatives, it should ensure that an individual inspecting the documents has been properly trained.
In addition to inspecting the documents, the representative must make sure Section 1 has been completed in full by the employee. The representative also completes Section 2 and delivers the form to the employer.
Remote inspection available temporarily
Through October 31, 2022, employers have the flexibility to inspect Form I-9 documents virtually. This policy, originally enacted in March 2020 at the beginning of the pandemic, allows employers to inspect Form I-9 documents by email, secure upload, or fax for employees working remotely due to COVID-19.
If a remote employee begins to come into the office regularly, or when the flexibility period ends, the physical documents must be examined in person.
Employers using virtual inspection for remote employees should:
- Keep track of employees who had documents inspected remotely and will need to have their documents inspected in-person,
- Have a plan for contacting employees who will need to have documents inspected in-person,
- Have a plan for document inspection by authorized agents or at the worksite, and
- Make sure the I-9 forms are updated once the option for virtual inspection ends.
To update the Form I-9 for employees whose documents were examined virtually, enter the reason an in-person inspection could not be completed. For example, the following information could be entered in the “Additional Information” field: “COVID-19” as the reason for the physical inspection delay, “documents physically examined,” the date of the inspection, and who conducted it.
In the event of an audit, this information will be evaluated on a case-by-case basis by U.S. Immigration and Customs Enforcement and the Department of Homeland Security.
