If there are employees physically present at a work location, no exceptions apply. Form I-9 is a fillable form, which means you can type your answers directly on the form instead of printing a blank form and writing your answers by hand. Form I-9 may be generated, signed, and retained electronically, in compliance with Department of Homeland Security regulations at 8 CFR section 274a.2.
To complete Section 2, the employee must either present one document from List A; or one document from List B and one document from List C. Employers cannot ask for specific documents. Employers must ensure that employees have access to the Instructions for completing Form I-9, by providing them either a hard copy or a hyperlink. Also, the hyperlink on the main Form I-9 webpage returns you to the Instructions above. Keep in mind that internal audits should not be conducted on the basis of an employee’s citizenship status or national origin, or in retaliation against an employee.
The form is used to verify a new hire’s identity and work authorization. Citizenship and Immigration Services (USCIS) released a revised version of the I-9. The new version includes several changes designed to reduce errors and make it easier for employers to complete it. Below we provide answers to some frequently asked questions about the new I-9. If an employee’s employment authorization expires, they must present new or updated document(s) and the employer must examine and record the document number(s) in Section 3. Employers may also be required to complete this section when rehiring a former employee, depending on how much time has passed.
- Completing an I-9 can be more complicated for employees who are working remotely, especially now that a U.S.
- When completing Section 2, the employer or authorized representative must examine (with the employee physically present) each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it.
- The DHS has proposed a rule that would create a framework under which the DHS Secretary could authorize alternative options for document examination procedures with respect to some or all employers.
- Reviewing or examining documents via webcam or some other remote means isn’t generally permissible (see Limited Exception Due to COVID-19 below).
Section 2 must be completed by the employer within three business days of the employee’s start date. This section requires employees to present documents that establish identity and work authorization. Employers must generally inspect Section 2 documents in the employee’s physical presence.
Designate an experienced authorized representative.
Reviewing or examining documents via webcam or some other remote means isn’t generally permissible (see Limited Exception Due to COVID-19 below). Employers should also review their onboarding practices to ensure compliance with I-9 requirements and to prevent the spread of COVID-19. When completing Section 2, the employer or authorized representative must examine (with the employee physically present) each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it.
Certain employers who choose to remotely examine the employee’s documentation under a DHS-authorized alternative procedure rather than via physical examination must indicate they did so by checking the box provided. 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 properly complete Form I-9 for every individual they hire for employment in the United States. Both employees and employers (or authorized representatives of the employer) must complete the form. All employers are required to complete and retain a Form I-9 for each newly hired employee.
Keep in mind that the employer is ultimately responsible for any I-9 violations. Therefore, if you, as the employer, designate a representative, then you should ensure that they have experience in completing the I-9 and you should review the I-9 completed by the designated representative to confirm it is error-free. Earlier this year, the Department of Homeland Security (DHS) announced that employers temporarily will be allowed to inspect Form I-9 documents remotely in certain COVID-19 related situations.
A sample form to provide these instructions to an authorized representative is included below. If you designate an authorized representative, state law adp i-9 form may restrict who can complete the I-9 on your behalf. Employers should also keep in mind that they are ultimately responsible for any I-9 violations.
Employers must complete and retain an I-9 for every employee hired in the United States on or after November 6, 1986. If the version of the I-9 that you used for the employee’s original verification is no longer valid, you must complete Section 3 of the current I-9 form upon re-verification and attach it https://adprun.net/ to the original I-9 form. Make sure you use the new version of the I-9 by January 22, 2017, and complete and retain the form in accordance with the law. Employers must retain all completed pages of Form I-9 for a designated period and make them available for inspection by authorized government officers.
However, state law may restrict who can complete the I-9 on the employer’s behalf. For example, California limits such services to licensed attorneys, individuals authorized under federal law to provide immigration services, and individuals qualified and bonded as an immigration consultant under state law. If an employer is unable to physically meet with the worker to review original I-9 documents, then federal law allows employers to use an authorized representative to fulfill this function on the employer’s behalf. The following is a checklist for completing the I-9 for remote workers after the temporary policy ends, and when using an authorized representative. All employers must complete and retain a Form I-9 for each employee at the time of hire.
Q: When must employers begin using the new version of the I-9?
Only employers located in Puerto Rico may complete the Spanish-language version of Form I-9 instead of the English-language version. Any employer may use the Spanish-language form and instructions as a translation tool. Section 1 of the I-9 must be completed, signed, and dated by each employee by the end of their first day of work for pay.
Sample Remote Hire Agent Request and Instructions
Employers often have questions relating to the Form I-9 and to employment eligibility verification more generally. The following provides answers to some common questions addressing your obligations to complete and retain the I-9 form. Until May 31, 2021, covered employers with employees taking physical proximity precautions due to COVID-19 are temporarily exempt from the requirement to review the Section 2 documents in the employee’s physical presence.
Once normal operations resume, all employees who were onboarded using remote verification, must report to their employer within three business days for in-person verification of identity and employment eligibility documentation for Form I-9. Once acceptable documents have been physically inspected, the employer should add “documents physically examined” with the date of inspection to the additional information field in Section 2, or to Section 3 as appropriate. On the form, an employee must attest to their employment authorization. The employee must also present their employer with acceptable documents as evidence of identity and employment authorization. The employer must examine these documents to determine whether they reasonably appear to be genuine and relate to the employee, then record the document information on the employee’s Form I-9.
Department of Homeland Security (DHS) temporary policy that allowed virtual inspection of documentation in some cases is about to expire on July 31. Employers must ensure they complete and retain a valid I-9 for each new hire, regardless of whether the employee works in the traditional workplace or remotely. If you have employees who have only received a virtual/remote examination of I-9 documents, then ensure you complete in-person physical examinations and annotate their I-9s by August 30, 2023. The authorized representative must then sign and date the I-9 on the employer’s behalf.
When examining documents, employers should consider safety measures to protect both parties from COVID-19, such as health screenings, physical distancing, and masks while taking into account federal, state, and local health guidelines. This blog does not provide legal, financial, accounting, or tax advice. ADP does not warrant or guarantee the accuracy, reliability, and completeness of the content on this blog. Employee must present certain identity and work authorization documents. The employer must examine the document(s) to determine whether they reasonably appear to be genuine and relate to the employee. Learn about Form I-9 requirements, step-by-step instructions on how to complete each section, acceptable documents, retention, and storage.