Remote Form I-9
for Dummies

Let us reassure you that NO ONE is a Dummy, but when it comes to the ever-evolving world of I-9, we could all use a little education. And that’s exactly what our new eBook does.

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An Introduction to Remote Form I-9

Remote work has taken the United States (U.S.) by storm, with an increasing number of office-based employees now working from the comfort and convenience of their couches. Long commutes have been replaced by with short trips to walk the dog, while technological advances such as video conferencing and always-on chat make us feel like we never left the office.

But before your employees can settle into their pajamas for a hard day’s work, they must complete the necessary new hire onboarding paperwork, including the Employment Eligibility Verification form (Form I-9) — a short government form with a long list of requirements.

One of those requirements is that you must meet with your new hires to examine their documents and ensure they’re authorized to work in the United States (U.S.). But what if your new hire lives on the other side of town or perhaps on the other side of the country? As the employer, you’re ultimately on the hook for any Form I-9 errors.

In an age where just about every step of a new hire’s onboarding can be done online, the Form I-9 document review process has been hopelessly stuck in the 1980s — requiring you to meet with each of your newly hired employees to examine their identity and work eligibility documentation.

If you’re hiring remote employees and trying to figure out how to examine their Form I-9 documents from far away, keep in mind the following:
  • Rule 1: The person who reviews the documents with the new hire must also complete and sign Section 2 of the Form I-9. This means you can’t ask a new hire’s friend to handle the document review piece, while you take care of the Form I-9 completion. The document review and completion of the Section 2 must be completed by the same person. 
  • Rule 2: The law permits employers to designate someone else to review documents and complete an Form I-9 for a newly hired employee. These lucky individuals (referred to as authorized representatives or remote agents) and can meet in-person with the employee and thereby help withmeetsolve the remote hire distance dilemma. Check out Chapter 2 for more info.
  • Rule 3: While the government has historically required a “physical,” in-person inspection of new hire documentation, a 2023 rule change enables qualifying employers to remotely examine documents through a “virtual” process as long as certain requirements are met.
Most HR folks are extremely reasonable individuals, but the fact remains that reviewing Form I-9 documents can sometimes be difficult — especially when the government doesn’t even list all the various document combinations that can be accepted by employers.

Ten Mistakes to Avoid when Completing Remote Form I-9

Completing remote Form I-9 isn’t for the faint of heart. Employers must keep track of changing regulations and guidance, decide which remote verification option they’re going to use, and implement a consistent process which can withstand a potential government audit.

To help you with this task, here are ten potential mistakes to avoid as you consider your
remote I-9 plans moving forward:

1. Completing the I-9 late

As described above, employers face unforgiving timelines for completing Sections 1 and 2 of the form. To minimize the risk of a “timeliness violation”, employers should allow enough time for completion – particularly for remote hires.   

2. Underestimating I-9 complexity

The Form I-9 is a deceptively simple process, which can often lead to mistakes when completing forms for remote workers. The stakes are high too since all I-9s are subject to government inspection and potential fines.

3. Relaxing your I-9 agent standards

Employers have a lot of flexibility in choosing an I-9 agent. But an untrained or unprepared agent can lead to errors or mistakes as well as a bad new hire experience. To reduce that potential risk, consider choosing an agent who has been trained in I-9 processes and procedures.

4. Ignoring I-9 mistakes

Although “paperwork” errors may seem minor or harmless, employers can be held liable for uncorrected form I-9 errors. As a best practice, employers should correct mistakes whenever possible.

5. Missing E-Verify deadlines

Employers using E-Verify must adhere to all program requirements, including the timely creation of new cases and resolution of all mismatches. Failure to do so can lead to government scrutiny and potential disqualification for using the virtual review option.

6. Moving forward without a plan

Implementing a remote I-9 program requires careful consideration and planning to ensure consistency and standardization – an important element in avoiding potential discrimination concerns.

7. Being unprepared for an I-9 audit

When the government serves you with a Notice of Inspection, you’ll generally only have 3 short days to deliver your I-9s, including those for covered remote employees. Performing a self I-9 audit in advance can help uncover potential issues and build a good faith defense in the event the government comes knocking at your door.

8. Forgetting about data security

If employers are using authorized representatives or accepting remote employee documents virtually, they must carefully consider and review their data security practices and policies to prevent exposure of sensitive personally identifiable information.

9. Failing to review completed I-9s

When using an agent, especially one that has not been trained in I-9s, employers should consider reviewing the completed I-9s to catch potential errors or omissions.

10. Turning a blind eye to I-9 updates

Form I-9 guidance is constantly changing, which can impact how you review documents and complete the form.

1. Completing the I-9 late

As described above, employers face unforgiving timelines for completing Sections 1 and 2 of the form. To minimize the risk of a “timeliness violation” employers should allow enough time for completion – particularly for remote hires.   

2. Underestimating I-9 complexity

The Form I-9 is a deceptively simple process, which can often lead to mistakes when completing forms for remote workers. The stakes are high too since all I-9s are subject to government inspection and potential fines. 

3. Relaxing your I-9 agent standards

Employers have a lot of flexibility in choosing an I-9 agent. But an untrained or unprepared agent can lead to errors or mistakes as well as a bad new hire experience. To reduce that potential risk, consider choosing an agent who has been trained in I-9 processes and procedures.

4. Ignoring I-9 mistakes

Although “paperwork” errors may seem minor or harmless, employers can be held liable for uncorrected I-9 errors. As a best practice, employers should correct mistakes whenever possible

5. Missing E-Verify deadlines

Employers using E-Verify must adhere to all program requirements, including the timely creation of new cases and resolution of all mismatches. Failure to do so can lead to government scrutiny and potential disqualification for using the virtual review option. 

6. Moving forward without a plan

Implementing a remote I-9 program requires careful consideration and planning to ensure consistency and standardization – an important element in avoiding potential discrimination concerns. 

7. Being unprepared for an I-9 audit

When the government serves you with a Notice of Inspection, you’ll generally only have 3 short days to deliver your I-9s, including those for covered remote employees. Performing a self I-9 audit in advance can help uncover potential issues and build a good faith defense in the event the government comes knocking at your door.

8. Forgetting about data security

If employers are using authorized representatives or accepting remote employee documents virtually, they must carefully consider and review their data security practices and policies to prevent exposure of sensitive personally identifiable information. 

9. Failing to review completed I-9s

When using an agent, especially one that has not been trained in I-9s, employers should consider reviewing the completed I-9s to catch potential errors or omissions. 

10. Turning a blind eye to I-9 updates

Form I-9 guidance is constantly changing, which can impact how you review documents and complete the form.

Download the full book!

Gain greater insight on:
  • Understanding remote Form I-9 rules and requirements
  • Examining Form I-9 documentation
  • Using an authorized representative
  • Evaluating the Form I-9 virtual option
  • Avoiding remote Form I-9 mistake