There are Three Important Rules to Follow When it Comes to Form I-9 Compliance
1. Section 1 of the Form I-9 must be completed by the first day of hire.
2. Section 2 must completed by the third day of hire.
3. Original documents for section 2 must be reviewed in the physical presence of the employee.
One of the largest compliance mistakes we see companies making today when hiring a remote employee is failing to physically meet with the new hire in person to complete Section 2 of the Form I-9, within the required time frame of three days after hire. In today’s tech savvy environment, many organizations are using, fax machines, Skype or other virtual methods to view Section 2 documents, which is why they fail to meet compliance requirements.
The largest challenge most organizations seem to be up against is the hassle associated with organizing logistics and the expense of sending a hiring manager to physically meet with each new remote employee. With an employee working remotely from their home office in Tortilla Flat, Arizona (population 6) things can get a little tricky. So what are you to do? Well, as stated in the M-274 handbook, U.S. Customs and Immigration Services has confirmed that you don’t have to send a hiring manger or company employee to meet with your new hire, instead you can opt for a designated company agent to be physically present to complete Section 2 of the Form I-9.
A common practice for companies who choose to work with a designated agent is to utilize a notary to meet with the employee; however this is not always ideal because another obstacle arises when a designated notary meets with the employee to review their section 2 documents. The notaries often refuse to sign Section 2 of the document on behalf of the employer, claiming that state regulations won’t allow them to do so .The
M-274 handbook makes it very clear that a company designated agent must sign the document in order to comply with I-9 regulations.
There is also an issue of security which you should be aware of when utilizing a designated company agent, as allowing them to fax, mail or email Section 2 to headquarters will place sensitive employee data at risk of falling into the wrong hands.
So what’s the answer? The most effective way to ensure compliance of Form I-9 regulations is to utilize a secure, cloud-based I-9 compliance solution with access to a network of notaries who are trained on Form I-9 compliance and are willing to sign section 2 of the Form I-9.
Learn more about I-9 Remote and achieve compliance when hiring employees remotely by contacting I-9 Advantage at: firstname.lastname@example.org.