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['I-9s']
['I-9s']
05/16/2022
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
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Remote employees and the Form I-9
Employers with remote employees may need to get a little more creative in finding an individual to verify an employee's documentation and complete the Form I-9 with the employee. Since documents must be examined in person, employers may not simply conduct the I-9 process via mail, fax, or other means of electronic transmission. Employers with remote employees must designate a representative of the employer that can complete the I-9 process in person with the employee.
This individual need not be an employee of the company, but can be anyone who the employer trusts to carry out I-9 responsibilities on its behalf. This could be a lawyer, a public official, or a notary public (though notaries in some states are not allowed to engage in I-9 duties), but it could be virtually anyone designated by the employer. Since the employer is ultimately responsible for any errors or omissions made by its representatives, it must ensure that individuals authorized by the employer to carry out I-9 responsibilities are properly trained.
The employer's representative must make sure Section 1 is completed in full by the employee. The representative will also examine the employee's documentation and complete Section 2 of the Form I-9. Once completed, the original Form I-9 should be delivered to the employer, who should keep the form secure, and must be able to produce all employees' forms within three days in case of a government audit.
When a remote employee's documentation needs reverification, the employer may again use a representative who can examine the employee's documentation in person. The employer should use whatever means necessary to transfer and retrieve the remote employee's original Form I-9 for updating and storage.
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