Completing Form I-9 for Remote Hires

In March 2014, USCIS issued a reminder to employers regarding the completion of Form I-9 and remote hires. USCIS says that "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. 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 behalf on the employer, the employer is still liable for any violations in connection with the form or the verification process.

When completing Form I-9, the employer or authorized representative must physically examine, with the employee being physically present, 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. If the employer hires a notary public, the notary public is acting as an authorized representative of the employer, 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.

Published on Friday, May 2, 2014 (updated 05/31/2014)