As mentioned above, employers that use the alternative procedure with an employee must retain a clear and legible copy of all documents presented by the employee seeking to establish identity and employment eligibility for Form I–9. However, an employer may choose to offer the alternative procedure for remote hires only, but adp i-9 form continue to apply physical examination procedures to all employees who work onsite or in a hybrid capacity. Employers may do this so long as they do not adopt such a practice for a discriminatory purpose or treat employees differently based on their citizenship, immigration status or national origin. Form I-9 regulations allow employers to choose whether to keep copies of documents employees submit to complete their Form I-9. Therefore, you may choose to begin or end the practice of keeping copies of documents at any time, as long as you do so for all employees, regardless of national origin or citizenship status, or you may be in violation of anti-discrimination laws. If a qualified employer chooses to offer the alternative procedure to new employees at an E-Verify hiring site, that employer must do so consistently for all employees at that site.
How to Complete the I-9 for Remote Workers
Complete a new certification block in Supplement A, Preparer and/or Translator Certification for Section 1. For more guidance on reverification and F-1 STEM OPT extensions and cap-gap for students, see the Guidance for Completing Form I-9 Handbook (PDF). You can’t afford the risk of business HR problems, especially when it comes to compliance.
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The student is authorized to work until USCIS makes a decision on their application, but not more than 180 days from the date of the initial OPT EAD expiration date. Official websites use .govA .gov website belongs to an official government organization in the United States. ADP SmartCompliance for employment verification meets the applicable requirements of the Fair Credit Reporting Act(FCRA), including providing verification reports only to credentialed verifiers who certify they have a permissiblepurpose.
At this time, employers who are participants in good standing in E-Verify are qualified to use the alternative procedure. Once enrolled in E-Verify, employers will be required to create a case for all newly hired employees, whether or not the alternative procedure is used, at each hiring site that is enrolled in E-Verify. Use Form I-9, Employment Eligibility Verification, to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. Both employees and employers (or authorized representatives of the employer) must complete the form.
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The employee’s foreign passport establishes identity and therefore does not trigger reverification when it expires. In the case of a student, the Form I-94 and I-20 establish employment authorization. Both documents should be treated as a group; reverification should not be completed each time one of the documents in the group expires. If an employer is unable to physically meet with the worker to review original I-9 documents, then federal law allows employers to use an authorized representative to fulfill this function on the employer’s behalf. The following is a checklist for completing the I-9 for remote workers after the temporary policy ends, and when using an authorized representative.
- To qualify, employers must be enrolled in E-Verify and be considered in good standing.
- Doing so will help the organization avoid potential violations, as state law may restrict who can complete the I-9 on the organization’s behalf.
- Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification.
- Roll by ADP offers an intuitive I-9 solution that provides a user-friendly platform for electronic form completion, verification, and secure storage.
- If any of the form’s pages are missing or are from a different form edition, we may reject your form.
Several versions of Form I-9, Employment Eligibility Verification, have been issued since the form was first introduced in 1987. To determine whether you are using the correct version of Form I-9, look at the revision date printed on the bottom left corner of the form, and not the expiration date printed at the top of the form. To complete Section 2, the employee must either present one document from List A; or one document from List B and one document from List C. Employers cannot ask for specific documents.
Ways to ensure remote I-9 compliance
ADP SmartCompliance is a suite of technology solutions backed by ADP’s experts to help you simplify compliance complexity, close technology gaps and minimize business disruptions. Simplify verification requests.Speed up response times and protect privacy. You should review Form I-9, Employment Eligibility Verification, immediately after completion to avoid these common mistakes. You can discuss or ask questions related to the service as well as the work life @ ADP. Ensuring the individual is legally authorized to work in the United States. Form I-9, officially titled “Employment Eligibility Verification,” is a mandatory document issued by the U.S.
Employer Responsibilities for Section 2
Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. Citizenship and Immigration Services, will help you verify your employee’s identity and employment authorization. According to federal regulations, employers need to retain original I-9 forms for three years after the date of hire, or one year after the date employment ends, whichever is later.
By way of background, the Form I-9 is used to verify a new hire’s identity and work authorization. All employers must ensure that a Form I-9 is properly completed and retained for each employee at the time of hire. The expiration date of the form can be found in the upper right-hand corner of it.
Alien Registration Requirement
Employers should ensure that they are using a valid version of the Form I-9. Sixth and last, the employer is expected to submit an E-Verify case for their new hire following government guidelines. The confirmation receipt printed from the USCIS website states that it is not a receipt notice and cannot be used as evidence of a pending application. Form I-797C, Notice of Action, which is mailed to the employee by USCIS is an acceptable receipt to acknowledge that an application for a replacement EAD has been submitted.
- Employers use Form I-9 to verify a new hire’s identity and work authorization for employment in the United States.
- However, state law may restrict who can complete the I-9 on the employer’s behalf.
- Employers are encouraged to consult with legal counsel for advice regarding their organization’s compliance with applicable laws.
- Qualified employers must allow employees who are unable or unwilling to submit documentation using the alternative procedure to submit documentation for physical examination.
The F-1 student’s Form I-20 bears the latest date by which studies are to be completed. This date can be used as the date by which the employers should reverify the student’s employment authorization and should be entered by the employee in Section 1. The authorized representative must then sign and date the I-9 on the employer’s behalf. A sample form to provide these instructions to an authorized representative is included below. As an employer, you or your authorized representative must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of your employee (the hire date means the first day of work for pay).
Under this method, the authorized representative will view the documents in the remote employee’s presence. This accommodation is available to employers who were participating in E-Verify during the COVID-19 pandemic. Employers who were not enrolled in E-Verify during the COVID-19 flexibility policy must complete an in-person physical examination by August 30, 2023. In short, the regulations effectively require qualified employers choosing to utilize the alternative procedure in lieu of physical document examination to again perform a virtual / remote examination by August 30, 2023. Lastly, employers should review all remotely completed I-9s by establishing a review process and validating that all information is entered correctly. Common errors to look for include wrong documents being accepted, missing document information and not retaining photocopies required by the organization or E-Verify.
Prior to the COVID-19 health crisis, employers were required to examine Section 2 documents with the employee physically present. To start this process, employers would typically ask the new hire to come to the workplace for this purpose. Employers could also designate an authorized agent, such as an attorney, agent or notary public, to fill out Section 2 on behalf of the organization.
You must examine the document(s), and if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If the document(s) do not reasonably appear on their face to be genuine or to relate to the person presenting them, you must not accept them.