Completing Form I-9 for Remote Hire and Off-Site Employees

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Completing Form I-9 Employment Eligibility Verification for Remote Hires
and Off-Site Employees—Instructions To Company I-9 Agent

When an employee works at a remote, or off-site, location s/he is not able to
present original documents to an employer company representative, there are two
options for the completion of the employer's section (Section 2) of the Form I-9:

If the employee is employed through a temporary employment agency the agency
must complete the Form I-9 on behalf of the employer company. The employee is
still required to present original documents to the temporary employment agency.

The employer company can authorize a qualified person to act as an agent of the
employer company for the purpose of completing the Form I-9. Agents may include
notaries public, accountants, attorneys, personnel officers, foremen, etc. An
employer company is responsible for the actions of that agent.

Employers may not carry out I-9 responsibilities by means of documents faxed by
a new employee or through identifying numbers appearing on acceptable
documents. The employer must review original documents. Likewise, Forms I-9
should not be mailed to a new employee to complete Section 2 himself or herself.

Every company needs to have one person in charge of ensuring the Forms I-9
are properly completed and stored in a manner allowing them to be retrieved
within 3 days in the event of a Notice of Inspection. This person or his/he
agent, must be available to personally witness the employee complete Form I-
9 Section 1 and view the original documents presented by the employee.

The employer or its designated agent must physically examine the original
documents presented by the potential employee as proof of his/her
employment eligibility, and attest that the documents presented appear to be
genuine and relate to that individual.
DHS mandates that the employer company keep the original Form I-9 on file for all
employees. This includes the Agent Authorization page, if applicable, for example,
in the event of a remote hire or off-site employee.

The law requires that the employer must have the original form on file by the 3rd
day after starting employment.

Instructions to Employer’s Designated Form I-9 Agent

Step 1 The Form I-9 is attached to this document. The employee should complete
all blanks in Section 1.

Step 2 The employee should present his/her original identification documents to
an “Authorized Agent”.

Step 3 The Agent will examine the employee’s documents to ensure that s/he has
presented either:

A. One (1) document from List “A” Documents

B. One (1) document from List “B” Documents

C. One (1) document from List “C” Documents

Step 4 The Agent attaches to the Form I-9 clear and legible copies of the
document(s) the employee presented to the Agent.

Step 5 The Agent returns all pages of the original Form I-9 and copies of the
document(s) to the employer company in the postage-paid envelope provided.

By signing the Form I-9 as the Agent you are promising that you examined
the original documents, not copies of documents.

  •   The documents you saw relate to the employee who presented them to you. You
      are sure the documents do not belong to someone else and that they look as
      though they ought to belong to thee employee.
  •   You believe the documents are genuine, but understand that you do not have to be
      a fraudulent-document expert to sign the form.
  •   You believe the employee is eligible to work in the United States. Remember, you
      MAY NOT discriminate against U.S. workers who may look foreign. While you may
      not discriminate, if you really believe the employee to be illegal, you must act by
      notifying the proper authorities.
  •   You are attesting that the employee started work or will start work on the date
      written in the statement.

If the form is incomplete or the supporting documents are not received, the
company will return the Form I-9 to the Agent.

The Agent must complete the Remote Hire Notary Form for Completion of
Form I-9

[Company Letterhead}

Remote Hire Notary Form for Completion of Form I-9

Date: ______________

To _________________________ (name of company)

Before me has appeared in person, the individual with the name and address of:



AND having a date of birth of: ________________________________.

In furtherance of ________________ (name of company) employment eligibility
verification requirements under the Immigration Reform Control Act of 1996, I
further state that:

The person named above has filled out Section 1 of the attached Form I-9
Employment Eligibility Verification

I have examined the original(s) of the documents presented to me;

I have filled in the document title, issuing authority, number and expiration date, if
any in Section 2 and 3 of the Form I-9, as appropriate;

The attached copy or copies of documents presented to me appear on their face to
be genuine and to relate to the person presenting them; and

I have signed and dated the attestation in Section 2 and Section 3 of the Form I-9,
as appropriate.

Employee’s Date of Hire: _________________

State of ___________________       SS
County of _________________        SS

Subscribed and sworn to (or affirmed) before me this ________ day of ___________,
20____ , by _____________________________________, proved to me on the basis of
satisfactory evidence to be the person who appeared before me.
                                                                     Notary SEAL
Notary Public Signature ____________________________
My commission expires ________________

Gerald Goulder is a North Carolina immigration lawyer with clients throughout the United
States and the world. His services assist employers to avoid substantial civil and criminal
penalties that may be assessed for I-9 employment eligibility violations. His services include
training company personnel on properly completing and retaining Forms I-9, creating
company policies for all aspects of proper Form I-9 compliance and conducting internal
company I-9 audits of its Forms I-9. His I-9 and worksite enforcement blog and I-9
employment eligibility verification website provide additional information on employer
liabilities for Forms I-9. Contact him at 1-866-US VISAS.

This is general information only. The information presented should not be construed to be formal
legal advice, nor the formation of a lawyer/client relationship.

Shared By:
Description: Employers, I-9 employer compliance managers and human resources personnel agonize over how to correctly complete and retain the Form I-9 for an employee that works off-site or is remotely hired. Gerald Goulder is a North Carolina immigration lawyer who works with business clients to develop Form I-9 compliance "best practices" including internal company I-9 audits, wrtitten company policies and procedures, and regular staff training.