Remote Verification of I-9’s
Remote I-9 verification flexibility ends July 31, 2023
The Department of Homeland Security (DHS) allowed for flexible remote I-9 verification during the pandemic. Meaning employers did not have to physically inspect eligibility documents to complete the I-9 for new hires. These flexibilities were extended multiple times during the pandemic but will end on July 31, 2023.
U.S. Immigration and Customs Enforcement (ICE) recently announced that employers will need to end the flexibility for remote verification after July 31, 2023. Employers who utilized the temporary flexibilities to inspect documents remotely during the pandemic must now complete in-person physical document inspections for employees hired remotely by August 30, 2023.
Verification of I-9’s for new hires is usually not much of an issue, but for remote hires, this is a bit more of a challenge.
Remote Hiring
New employees will need to have their I-9 documents physically examined, with the employee present.
One solution for remote hires and I-9 verification is to designate an authorized representative to fill out Forms I-9 on behalf of their company, The DHS does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes. If an authorized representative fills out Form I-9 on behalf of the employer, the employer is still liable for any violations in connection with the form or the verification process.
Who Can Be Authorized
In Most states, an authorized representative can be any person you designate to complete and sign Form I-9 on your behalf. However, Under California law, the only individuals who can assist clients with completing the I-9 and other immigration forms are licensed attorneys, individuals authorized under federal law to provide immigration services, and individuals qualified and bonded as an immigration consultant under California law. This makes the process very difficult for CA employers.
Remember, you are liable for any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on your behalf.
In CA, another option is to use a local notary public near the employee. The notary public is acting as an authorized representative of the employer, not as a notary. However, in CA, the Notary must also be a licensed and bonded immigration consultant. So, what do you do?! At Infinium, we're working on some solutions for our remote employers, stat tuned.
If we can be of any assistance, please don’t hesitate to contact the HR experts at Infinium at info@infiniumhr.com.