Compliance Guidance for Remote I-9 Verifications
On May 2nd, the law firm of Hall, Render, Killian, Heath, & Lyman issued guidance on Form I-9 completion for remote employees.
In addition to overall Form I-9 requirements, focus is provided on handling compliance of employees opting to work remotely. Many frequent questions from employers are answered with confirmation from the United States Citizenship and Immigration Services (USCIS). These confirmations from USCIS include:
- When employers are unable to be physically present with employees for document verification, such as situations where employers are onboarding remote employees, employers may designate authorized representatives to complete Form I-9.
- Reviewing documents via webcam is not permissible.
- Employers remain liable for any violations in connection with Form I-9 where authorized representatives complete the forms.
- When employers designate notaries to act as authorized representatives for I-9 completion, the notaries are not acting in their notary public role for this process. Instead, the notaries are solely acting as authorized representatives of employers and therefore should not provide notary seals on Form I-9.
Equifax will continue to monitor guidance related to Form I-9 and the associated procedures for ensuring compliance with remote employees.
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