Remote I-9 Verification During COVID-19 – What You Need to Know
In response to COVID-19, employers have had to keep on top of everchanging employee policies and procedures to protect their employees and themselves, one widespread change includes the surge in the requirement to work remotely. If you are still hiring workers, your usual onboarding process has likely been disrupted when hiring remotely. One area in particular which may be confusing is how to remain compliant when completing Form I-9?
What are the Updated Requirements for Remote I-9 Verification?
When you hire new employees, Form I-9 traditionally should be completed by the third business day they commence employment. One of the major requirements to complete the I-9 Employment Eligibility Verification process is that an employees’ U.S. work authorization documents must be reviewed in the employer’s presence, however, COVID-19 has disrupted this process. How do employers ensure accurate completion of Form 1-9 when precautions have to be implemented related to physical proximity?
In response to this, in March 2020, the U.S. Department of Homeland Security (DHS) announced that it is temporarily amending the Form I-9 verification procedures. The updated procedure temporarily allows remote verification of employees’ documents via video, email attachments, or fax by the employer’s representative. This temporary guidance was set to expire on November 19 2020 but has since been extended numerous times. Due to ongoing precautions related to COVID-19, the U.S. DHS has once again extended the Form I-9 flexibility policy an additional 60 days until May 31, 2021.
What do you Need to Action as an Employer in Response to the Updated Requirements?
1) Review original employee documents
You need to review the original documents listed on page 3 of Form I-9 submitted by the new employee and complete Section 2 of Form I-9. The I-9 verification form must be completed within three days of the new hire’s start date.
2) Implement a formal written policy
You should implement a policy that states how you are verifying Form I-9 documents and attach it to each Form I-9 that is remotely verified to ensure your process is consistent.
3) Enter COVID-19 as the reason for the physical inspection delay
In Section 2 Additional Information field, you should enter “COVID-19” as the reason for the physical inspection delay and ensure that the inspection takes place when normal operations resume.
4) Complete in-person verification when in-person operations resume
Physically inspect all employee’s eligibility documents who completed the Form I-9 using remote verification within three business days when in-person operations resume. Once the documents have been physically inspected, add the documents physically examined together with the date of inspection to the Section 2 Additional Information field.
How Can an Employer of Record Help with Form I-9 Compliance?
If all the above seems too much to track, manage and remember when hiring new employees remotely, you should consider using an employer of record to ensure you are not exposing your company to compliance risks and hefty penalties. By using an employer of record who manages your workforce, they can collect and store Form I-9’s via technology especially equipped to comply with I-9 requirements. They can track and manage Forms I-9 in the following ways.
Document Management
The USCIS requires employers to store their Forms I-9 with personnel records onsite or at an off-site storage facility. Forms I-9 can be stored in either a paper, microfilm, or electronic format. An employer of record stores all your important employee documents electronically in a secure database which you can easily access anytime, anywhere.
Form I-9 Compliance
Using an employee of record with onboarding technology that tracks employee verification documents will ensure you follow USCIS requirements and remain compliant, leaving you with one less thing you worry about! This will also help you keep on top of expired verification documents and documents that are about to expire to ensure you remain up to date and decreases the risk for an audit.
Key Takeaway: Remain Compliant With Form I-9
With the recent changes to Form I-9 requirements, now is a great time to evaluate your current compliance processes. It is important to review how your company is updating, storing, and managing procedures for these forms to determine if anything needs streamlined or reevaluated to remain compliant.
If you considering using an employer of record to help you electronically securely store and manage Form I-9 information and reduce your compliance risk, get in touch and we will happily talk you through how it might benefit you!
Disclaimer: All information written here is for general informational purposes only and is not intended to be a substitute for professional and/or legal services.