October 28, 2020

Form I-9 Questions Asked and Answered

Employers whose workforce is 100% have had the opportunity to complete newly hired employees’ Form I-9 remotely. The latest extension of this flexibility rule was on September 14th. Now, as employees are starting to return to work on-site, those forms must be completed under the regular rules. But, there may be a few obstacles to doing so. Two frequently asked questions were recently answered.

Q: What if the documents used during the remote verification are now lost or expired?

A: Just have the employee complete a new Form I-9, present documents and complete the form as usual. Attach the new Form to the remote Form that was completed with a note that the first document(s) are no longer available.

Q. What if the person who completed the remote verification is no longer available?

A: Just have the new employer representative complete a new Section 2. Attach that page to the original Form I-9.

Tip. If you use a third-party to complete Form I-9 for employees working remotely, remember this. The latest guidance reminds employers that they remain legally liable “for any violations of the form or verification process…committed by the person designated to act on the employer’s behalf.” Be sure you choose a vendor or service provider who has regularly been in the business of providing this type of service.

Stay tuned. The latest extension of this remote rule is set to expire November 19th. As of this writing, it remains to be seen whether another extension will be granted.