Can an I-9 be filled out remotely?
On October 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of the documentation required for a Form I-9 when a workforce is working remotely.
The range of possible penalties is regularly increased and now stands at: For 1-9 paperwork violations in 2022, the penalties range from $252 to $2,507 for the first offense for substantive violations or uncorrected technical errors. The range is $1,161 to $2,322 for second and subsequent paperwork offenses.
Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay). For example, if your employee began work for pay on Monday, you must complete Section 2 by Thursday of that week.
If an employee is unable to present the required document or documents within three business days of the date employment begins, the employee must produce an acceptable receipt in lieu of a document within the three days.
Remote hires must complete Section 1 of the form, and the employer's agent or representative must complete Section 2 completely, including a tactile inspection of the employee's documents. This eliminates the need to photocopy documents and send them to human resources for section 2 completion.
Employers may designate an authorized representative to fill out Forms I-9 on behalf of their company, including personnel officers, foremen, agents or notary public.
An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and "silent raids" by ICE.
You may be subject to criminal charges if you lie or present false documents for Form I-9.
The verification can be completed before the employee begins work for pay; The latest — three days after the new hire's first day of work for pay, unless the employee will work for fewer than three days; for them, you must verify no later than the first day of work for pay.
All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.
What happens if I don't do an E-Verify within 3 days?
Yes, if you did not create a case in E-Verify within three business days after the employee's first day of employment, you must create a case as soon as possible. E-Verify will prompt you to enter the reason for the delay.
Remote I-9 allows your hires to select a third party (friend, family member, roommate, etc.) to review their documents and complete Section 2 of their I-9. This means there's no need for new employees to come into a corporate office or visit an authorized I-9 Agent.
Employees rehired more than three years after completing the Form I-9 must complete a new Form I-9. Employees who cannot produce documentation to complete the Form I-9 within three days of hire must not work or be paid.
E-Verify participants who choose the remote inspection option should follow current guidance and create cases for their new hires within three business days from the date of hire. Please see the E-Verify website for additional information. Looking for U.S. government information and services?
Remote Form I-9 processing is for employees who will be working from a remote location (will not be physically working on a UWF campus) and/or who are unable to come to a UWF campus location to complete their I-9 and have their documents verified.
Employee must complete and sign Section 1 of the I-9 and send it to the employer in hard copy via postal mail or through electronic means.
“You may designate an authorized representative to act on your behalf to complete Section 2. An authorized representative can be any person you designate to complete and sign Form I-9 on your behalf.