I-9 Compliance for Remote Employees

Many companies find that offering a remote work option makes them more attractive to desirable candidates. However, one of the challenges of managing a hybrid or off-site workforce is I-9 compliance for remote employees.

The dedicated I-9 compliance attorneys at Monty & Ramirez LLP could advise you on managing the crucial process of verifying an employee’s authorization to work in the U.S. and many other business compliance issues.

Adapting Procedures to Remote Workers

Although in-person verification of identifying documents for new hires was standard for many years, this changed during the pandemic. Many businesses moved to remote-only, and in-person verification would have required violating social distancing recommendations.

A temporary procedure was implemented during the pandemic. Video conferencing while reviewing copies of remote workers’ I-9 documents became an acceptable means of verifying that the documents were genuine to ensure compliance. A worker would send the employer copies or photos of the front and back of their documents. Then, the new hire and the employer would have a video call to confirm that the documents were issued to the employee.

What Are the Current Procedures for Remote Workers?

In October 2023, U.S. Citizenship and Immigration Services introduced a new I-9 that modified the acceptable procedures. Now, the process of verifying I-9 documents for remote workers depends on whether an employer is enrolled in E-Verify.

Companies Not Enrolled in E-Verify

In-person verification of identity and work authorization documents is required for all employees, including remote workers, if the company does not use E-Verify. Even if the worker is located across the country, in-person verification is necessary.

Depending on the circumstances, a company could designate an agent in the remote worker’s location to examine their documents. However, the company would be responsible for the agent’s mistakes and omissions.

Companies Enrolled in E-Verify

Employers enrolled in E-Verify, a free government program, must still examine a worker’s documents to ensure they pertain to the worker and appear genuine. They must make the required notations in the I-9 and keep the documents for the statutory period.

However, companies enrolled in E-Verify may conduct virtual verification. The new hire must complete Section 1 of the I-9 and send copies of the front and back of their documents to the employer before their start date. The employer can have a video call with the new hire to go over the I-9, and the employer can examine the document copies to determine that they pertain to the person on the video call.

Learn How To Comply With I-9 Requirements for Remote Workers

If you hire remote workers at your business, understanding I-9 compliance for remote workers is essential. At Monty & Ramirez LLP, we have been helping businesses comply with immigration, labor, and civil rights laws for more than two decades. Contact us for assistance with all aspects of I-9 compliance.