Employees Who Live and Work Out of State – I-9 Documents

Form i9

Q:  We’ve hired some new employees who live and will work out of state. How do I handle the validation of the required I-9 documents?

 

A:  I-9 forms present a challenge to employers who hire remote employees. The U.S. Citizenship and Immigration Services (USCIS) requires that all documents required for the I-9 must be viewed in their original format. Therefore, a fax or scan is not acceptable. Instead, the original documents must be in-hand when the I-9 is completed and signed by a company representative. Here are a few options, each of which must be done within three days of the new hire beginning work:

  1. Have the new hire’s manager or other person responsible for I-9 verification in your office travel to the remote location and complete the I-9. This person should carry out full I-9 responsibilities, completing all sections of the I-9.
  2. Have the new hire travel to your location for onboarding and training, and complete the I-9 during that time.
  3. Find someone to act as an authorized company representative for this one-time purpose of verifying documentation and completing the I-9. This representative may be any individual, although notaries public are the most common choice. Be aware that some notaries cannot or will not sign Section 2 due to state notary regulations. If a notary does act as your representative, they should not apply their seal on the Form I-9.

Whatever route you choose, remember that you remain liable for any violations in connection with the form or the verification process. Whenever possible, we recommend bringing the employee to your main location for paperwork, onboarding, and training.

 

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