Who Can Verify I 9 Documents

In other words, the person who inspects the original identification documents in the presence of the employee and describes them in section 2 must be the person who signs the certificate referred to in section 2 as the employer`s representative. whoever that person is. The I-9 process clearly hasn`t kept pace, said John Fay, president of the LawLogix division of Hyland Software, a company specializing in cloud-based I-9 compliance services, electronic verification and immigration. “While USCIS recently released a new version of the form, the actual steps to verify employment eligibility were blocked in the 1980s. And therein lies the challenge for employers who want to engage employees from home as part of their overall coronavirus policy. “When completing Form I-9, the employer or agent must physically examine each document presented in the presence of the employee to determine whether it appears reasonably authentic and relates to the employee presenting it. It is forbidden to view or verify documents via webcam. The U.S. Citizenship and Immigration Services (USCIS) said it is not changing its policy of requiring the employer or authorized representative — physically present with the new employee — to review identification documents to determine if they appear genuine.

Not all distance rental services on Form I-9 are the same. Some check documents via webcam, which is prohibited. Others ask the employee to send digital copies of their ID to the department, which then completes Section 2, which is also a serious violation of the form`s rules. Others do not audit and do not really form a network of providers, but turn to notaries in the employee`s area on a case-by-case basis. Some require you to sign a contract, subscribe to their software package, or pay a monthly fee, regardless of how often you use their service. A notary may be a viable option for completing Form I-9 for remote environments. But not because of their official position. Employers often ask their new remote employees to contact a notary because they are easy to find and because notaries are used to identifying their clients, verifying official documents and testifying signatures. Some relief is provided to remote employees, as employers can designate anyone to review the new employee`s documents and complete and sign page 2 of Form I-9. Employers usually rely on notaries, lawyers or local employees of employment agencies to do this. The only thing required by law is that this work be done in person. It is NOT enough for your employee to show you their documents via email or even live via webcam.

Once normal operations resume, all employees who were on board with remote screening must report to their employer within three business days to personally verify identity and employment eligibility documents for Form I-9, Verification of Employment Eligibility. Once the documents have been physically verified, the employer must include the “physically verified documents” with the date of the inspection in the “Additional Information in Section 2” box of Form I-9 or, if applicable, Section 3. The current crisis supports the argument that USCIS should find a new way to allow employers to remotely verify work permits, said Ann Cun, founder and executive counsel of Accel Visa Attorneys, an immigration law firm in San Leandro, California. “Such a method would be to allow teleconferencing during the review of I-9 documents and allow employees to fax or email documents to employers for registration.” The federal government requires all new employees to provide documentation proving that they can legally work in the United States. For citizens, it can be a passport, driver`s license or social security card. Non-citizens must present documents proving that they are legally resident in the country and have permission to work. The flexibilities discussed here do not preclude employers from commencing, at their discretion, a personal verification of the identity and employment eligibility records of employees hired on or after March 20, 2020, and from submitting these documents for remote inspection based on the flexibilities first announced in March 2020. Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S.

employers must correctly complete Form I-9 for each person they hire for employment in the United States. This includes citizens and non-citizens. The employee and employer (or authorized representatives of the employer) must complete the form. Electronic services automate most of the process, making it almost foolproof. But employers still need a real person, on-site with a remote environment, to physically view their documents and vouch for their authenticity by signing Section 2. Employers have only three days to verify the authenticity of a new employee`s admission documents. Because this must be done in person, employers basically have two options for reviewing I-9 documents for remote employees: Notaries have a lot of experience filling out government forms and reviewing documents, making them a responsible choice, but they should be clearly informed of their responsibilities and reminded to simply sign, not seal! A little-known provision in the rules of Form I-9 allows the employer to appoint an “authorized officer” to complete Form I-9. The employer may authorize anyone (except the new employee himself) to verify Form I-9 and identification documents. Describe the documents on the form; and complete the certification in Section 2. On the form, an employee must confirm their work permit. The employee must also provide their employer with acceptable documents proving their identity and work permit.

The employer must review the employment eligibility and identification documents presented by an employee to determine whether the documents appear reasonably authentic and relate to the employee, and record the information on the document on Form I-9. The list of accepted documents can be found on the last page of the form.