Remote I-9 Verification

If you are onboarding remote workers, it is important to ensure you complete the I-9 verification process correctly. Not following proper procedure could mean you receive a fine or face other serious consequences.

At Monty & Ramirez, our dedicated business immigration attorneys have extensive experience training businesses in the best I-9 compliance practices. We can explain the remote I-9 verification process and make sure you are implementing it appropriately.

What Does the Law Require?

The law requires all employers to ensure that the people they hire are eligible to work in the United States. As a result, all new hires must fill out Form I-9 and present documents proving their identity and entitlement to work in the country.

As an employer, you must inspect these documents and be satisfied that they are genuine. You must then note information about the documents in Section 2 of the I-9 and sign, date, and retain the form.

Verifying a Remote Worker’s Documents

Employers must inspect a new employee’s documents even if they are based at another location. If your business has not enrolled with the government’s automated verification system, E-Verify, you must hold a face-to-face meeting with the worker to fill out the I-9 form and inspect their documents. While you may hire an agent to conduct this meeting at the employee’s location, you will be responsible for any mistakes the agent may make.

You may use remote verification if your business has enrolled with E-Verify. The new hire must complete the I-9 and send it to you along with copies of both sides of their documents before their start date. You must schedule a live video call with the new worker to review their form and to assess whether the documents they provided are genuine and were issued to them. You must then complete Section 2 of the I-9 as normal and maintain copies of the form and documents.

Our business immigration attorneys can provide training for your staff to learn how to conduct a live I-9 verification interview via video call and ensure they understand the record retention requirements.

How To Ensure Your Virtual Verification Is Compliant

In order to use virtual verification, you must have received the new hire’s I-9 with Section 1 completed and clear copies of both sides of their documents before their first day of work. You must conduct the video call interview on or before their start date. This must be a live interview that allows you to converse with the new employee.

Following the interview, you must state that you used remote verification by checking the box in Section 2 that indicates you used an alternate procedure.

Work With an Attorney to Implement Procedures for Virtual I-9 Verification

Immigration and Customs Enforcement is focusing attention on unauthorized workers. As a result, it is essential to ensure that your process for employing remote workers is compliant. At Monty & Ramirez, our lawyers can help you develop and implement a remote I-9 verification process that conforms to the law’s requirements. Call us today to improve your business’s I-9 verification practices and ensure you are operating within the law.