Original Date: October 8, 2018

I recently completed a webinar on storing and retaining I-9 forms, one of my favorite topics.  The webinar included detailed discussion on fines, processes, common mistakes, proactive audits and challenges with verification of remote workers.  Verifying and complying with I-9 form requirements can be challenging with a remote workforce.  What processes do we follow?  How do we verify the information is legal and accurate?  A 2017 SHRM article, “explained that remote hires must still complete section 1 of the form and the employer’s agent or representative must complete section 2 in its entirety, including a tactile inspection of the documents presented by the employee.  This means no photocopying of the documents and sending them to human resources for completion of section 2.”[i]

Below are thoughts on Form I-9 compliance and remote workers:

  1. Create a Policy or Process: The policy should be clear on who can act as an agent for our organization.  The policy should include instructions and guidance on how to manage the process.  SHRM recommends; HR professionals or consultants, local librarians, attorneys or accountants, state workforce agency staff or notaries.  “It’s also important to know which states may prohibit notaries from completing the Form I-9 or have different requirements…California, for example, has indicated that the completion of an I-9 form requires you to be bonded as an immigration consultant.”[ii]  Other thoughts on notaries; the Notary Public does not actually notarize the form I-9.  The individual should review the identification submitted, complete the form and attests that the information is true and accurate to the best of their ability.  Organizations should send a valid request to the Notary Public prior to requesting completion of the form, to avoid confusion, mistakes and refusing to complete.  The final concern is unfamiliarity with the form.  If you have remote workers, networking with notaries and providing guidance is necessary.  Notaries are not trained to complete Form I-9’s, proactive communication is necessary.
  1. Clear Guidance and Instruction for Form Completion: Communicate timely and accurate instructions to the notary and the employee in a standard letter.  Describe the process, instructions and the importance of completing the form.  A frequently asked questions section is a great add to the instructions.  The guidance should highlight instructions for returning the completed forms in their original state, as soon as possible.  Providing a return paid envelope will is a recommendation to expedite the process.  Organizations should also consider calling the employee or notary to assist during the verification process.
  1. Review and Audit all Remote (and in person) Completed I-9 Forms:

“Common mistakes to look for include:

  • Wrong documents accepted.
  • Missing or transposed document information.
  • Failure to retain photocopies when required by the organization or E-Verify.”[iii]

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USCIS Guidance on Remote Workers:

“You may designate an authorized representative to fill out Forms I-9 on behalf of your company, including personnel officers, foremen, agents or notary public.  The Department of Homeland Security does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes.  If an authorized representative fills out Form I-9 on your behalf, you are still liable for any violations in connection with the form or the verification process.

When completing Form, I-9, you or authorized representative must physically examine each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it.  Reviewing or examining documents via webcam is not permissible.

If the authorized representative refuses to complete Form I-9 (including providing a signature) another authorized representative may be selected.  DHS does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes. If you hire a notary public, the notary public is acting as an authorized representative of you, not as a notary.  The notary public must perform the same required actions as an authorized representative.  When acting as an authorized representative, the notary public should not provide a notary seal on Form I-9.”[iv]

– Matthew Burr, HR Consultant

[i] https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/how-to-comply-i9-requirements-remote-workers.aspx

[ii] https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/how-to-comply-i9-requirements-remote-workers.aspx

[iii] https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/how-to-comply-i9-requirements-remote-workers.aspx

[iv] https://www.uscis.gov/i-9-central/i-9-central-questions-answers/faq/i-hire-my-employees-remotely-how-do-i-complete-form-i-9

 

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Published by Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered MCIPD Lean Six Sigma Black Belt ABOUT: Matthew Burr has over 18-years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC, Talentscape, LLC and Co-Owner of Labor Love, a Labor, and Employment Law poster printing company. Prior to founding the consulting firm, the majority of his career was heavy industry manufacturing and healthcare. He specializes in compliance auditing, training labor and employment law, conflict resolution, performance management, labor, and employment relations. Matthew has a generalist background in HR and operations, while providing strategic HR and operational solutions to his clients, focusing on small and medium sized organizations. He works as an Adjunct at Alfred State University, Tompkins Cortland Community College, and Montgomery Community College. He successfully designed an HR Concentration in the business management major that aligned with both SHRM and HRCI certifications, providing opportunities for students to sit for both the SHRM-CP and aPHR certifications upon completion of the degree, concentration, and internship hours as an Assistant Professor of Management at Elmira College (Retired January 2022). Matthew is also the SHRM Certification Exam Instructor, with a current pass rate of 92% on the SHRM-SCP and 83% pass rate on the SHRM-CP and a combined 88% on both exams over a 7-year period of instructing the course (Elmira College, Collin College & The College of St. Rose). Matthew works as a trainer at Tompkins Cortland Community College, Corning Community College, Broome Community College, and HR Instructor for Certification Preparation for the Human Resource Certification Institute (HRCI). He also acts as an On-Call Mediator and Factfinder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions. PUBLICATIONS: Matthew has over 70+ publications including, American Bar Association (ABA) Experience Magazine, Cornell HR Review, Business Insider, New York State Bar Association (NYSBA), PayScale, Society of Human Resource Management (SHRM), and Expert 360 (in Australia). In early 2017, he published his first book, “$74,000 in 24 Months: How I killed my student loans (and you can too!),” proceeded by his second book, which was published in January 2021, “Slay the Student Loan Dragon: Tips and Tricks on How to Conquer the Student Loan Game” and his most recent book, “Unbox Your HR Career” in July 2023. VOLUNTEER WORK: Matthew is currently the New York State Society of Human Resource Management (NYSSHRM) District-Director. EDUCATION & TRAINING: Additional Training & Development:  SHRM Workplace Coaching and Mentoring Recertification Program, 2020  SHRM Foundation Employing Abilities @Work Certificate, 2020  SHRM Foundation Veterans at Work Certificate Program, 2018  Delta County Chamber of Commerce: Delta Force Leadership Program, 2013 FEATURED IN & ON: Matthew was featured on CNN Money, Fast Company, Fits Small Business, Fox News, Magnify Money, Monster.com, My Twin Tiers, Namely, Student Loan Hero, Smart Sheet and CEO Blog Nation, Human Resource Certification Institute (HRCI), Society of Human Resource Management (SHRM). Burr Consulting, LLC Capabilities Statement General Information: Burr Consulting, LLC Owner: Matthew W. Burr Mission Statement: “Strategically Aligning HR as a Partner for the Success of Your Business” Contact Information: Burr Consulting, LLC What's New in HR Blog Talentscape, LLC Labor Love, LLC (Labor Posters) The HR Support Center The Upstate HR Podcast (607)227-4386 Matthew@Burrconsultingllc.com Facebook: Burr Consulting, LLC LinkedIn: Burr Consulting, LLC Twitter: @Burrconsulting Online Certification Verification: Credibly Dun & Bradstreet (D&B) Number: 080776443 NAICS Codes: 541612, 923130, 54161, 541611, 541613, 611430, 541618, 561312, 561311 SIC: 8742, 8748, 9441, 8748001, 8748026 Our Services HR MANAGEMENT New Hire Orientation; Temporary HR Support; Recruiting and Application Tracking; HR Compliance (ADA, FMLA); Employee Handbook; Policy and Procedure; HRIS; HR Audits; Job Profile Design and Revision; HR Key Performance Indicators; EEO Reporting and Classification; State Unemployment Insurance Services TRAINING & TRAINING DEVELOPMENT Organizational Development; Employee Relations; Workplace Violence; Harassment & Sexual Harassment; Union Awareness; Managerial EMPLOYEE & LABOR RELATIONS Employee Relations Training; Conflict Resolution; Mentoring; Workplace Investigations; Labor Contract Costing; Mediation & Arbitration Prep; Fact-Finding; Workplace Investigations; Coaching & Counseling; Performance Reviews; Contingency Plan Development; Contingency Plan Training; State of New York Public Employment Relations Board (PERB)PERB Mediation and Fact-Finding Panels (Albany, NY covering the Elmira, NY Area) HIRING & RECRUITMENT Applicant Tracking Systems; Metric Development; Interview Training; Workforce Planning; Recruitment; Interviews; Job Offers; New Hire Process POLICY & COMPENSATION Group Plans – Healthcare, Dental, Vision, Group Life, Short- and Long-Term Disability; Retirement – 401(k), Profit Sharing, Roth; Workers Compensation; Total Compensation Design and Strategy; Deferred Compensation Plans; Salary Surveys; Reward Systems; Online Payroll; Customized Payroll Processing; Employee Self Service; Customized Reporting HR COMPLIANCE MATERIALS Burr Consulting, LLC is excited to announce a new partnership with Labor Love LLC, expanding our services to include HR printed materials compliant with industry standards.

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