Preparing Your Team for Form I-9 Inspections and Compliance

Employers continue to encounter numerous difficulties in fulfilling the legal requirements of Form I-9 and E-Verify, particularly in the context of hiring remote employees. Furthermore, concerns persist regarding Form I-9 audits and settlements related to discriminatory practices during the employment eligibility process.

As remote I-9 inspection flexibilities are scheduled to expire on July 31, 2031, employers must ensure they have a plan in place for conducting in-person document reviews. HR and staffing professionals should begin organizing their forms to determine which ones necessitate physical inspections prior to the August 30, 2023, deadline. It is also crucial to establish a plan outlining how and by whom the physical document inspections will be conducted.

Remote I-9 Verifications

According to USCIS guidelines, any individual can complete Section 2 of Form I-9; however, it is important to note that the employer will be held responsible for any errors, regardless of the person completing the I-9. Electronic I-9 system providers often offer various options, such as authorized representatives selected by the employer (e.g., a company employee), authorized representatives chosen by the employee (e.g., a friend or neighbor), or a network of third-party authorized representatives, including a national network of notaries trained in completing the Form I-9 and available to meet the employee at a convenient location.

During the Section 2 verification process, it is essential to ensure that the individual completing the I-9 does not request specific documents or more documents than necessary to establish identification and work authorization. The Department of Justice actively investigates allegations of discrimination related to unfair document practices, and several employers have recently faced civil fines as a result. Learn more about cases of I-9 discrimination in our recent blog.

Employer Considerations

Additional considerations for employers should involve establishing consistent best practices throughout the organization and maintaining a well-documented telework policy. Implementing a system for properly managing and retaining I-9 forms in accordance with Form I-9 storage and retention rules is important. Conducting internal I-9 audits can be beneficial to ensure compliance and identify any areas that require attention or remediation.

Although the availability of virtual I-9 verification flexibilities will soon end, it remains uncertain whether permanent flexibilities for remote/virtual verification will eventually become a more permanent option for employers. However, it is advisable to create and adhere to a plan for conducting in-person document reviews for both on-site and remote hires as part of the onboarding process.

Explore how an electronic I-9 system can assist in meeting Form I-9 compliance requirements, regardless of the hiring location, and learn how GryphonHR can support your Form I-9 and E-Verify needs. Contact us or schedule a demo to see our platform in action!