Yesterday’s Advisor presented Attorney John Nahajzer’s advice for employers fulfilling I-9 duties for remote employees with local notaries. Today, alternatives to notaries.
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Nahajzer is the managing shareholder of law firm Maggio+Kattar in Washington, D.C. (jnahajzer@maggio-kattar.com).
What alternatives are there for employers to identify an Authorized Representative?
There are actually many options. In most cases, a new employee in a remote location means that this employee will be purchasing supplies for their remote office from a local retailer. It is likely that the manager of that store, or the store’s HR representative, is familiar with Form I-9. Since the employer is now a new client in the area for them, they may be willing to help them complete Form I-9. After the offer is extended to the remote employee, employers should add the identification of an Authorized Representative to other logistical discussions.
Could a spouse complete Section 2 as an Authorized Representative?
Technically, the spouse could. However, it is best to remove any potential conflict of interest and seek out an individual who would not personally benefit from the employment of the worker.
If I regularly hire remote employees, should I use an online I-9 system?
Not necessarily. While online systems can help streamline many HR functions, most of the forms involved in the new employee onboarding and maintenance process, like W-2 forms, direct deposit forms, and benefit enrollment forms do not have the same level of procedural compliance burden as Form I-9. Online I-9 systems can help streamline the process between taking the I-9 and entering E-Verify information (if you participate in E-Verify) as well as enhance your reporting and recordkeeping for citizenship status and work authorization expirations. They cannot, however, solve the procedural issues that require human intervention.
Some online I-9 companies also seek to specifically address the issue of remote hires and the physical presence requirement of Form I-9 for employers by providing “national networks of notaries” to act as the employer’s authorized agent to complete Section 2. Ifthese notaries are separately screened and regularly trained by experts in Form I-9 compliance, this option may be helpful to employers as it then provides a consistent resource to locate individuals prepared to act as the employer’s authorized representative; such individuals may be less likely to make errors when completing the form.
Regardless of any online system, employers will still have to create and maintain processes to ensure that they are properly coordinating with the notary network and the form is promptly taken, both with new hires and reverification. Therefore, while online I-9s can add value, having an online I-9 system itself doesn’t serve to significantly improve the I-9 process for a company with distributed employees any more than they would for an employer with a more consolidated workforce.
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How do employers best support Form I-9 compliance for remote employees?
Have a plan, and put it in writing so that it is easy to share with others in the organization. Employers should specifically identify all the tasks, resources, and timelines involved. When a candidate for a position is finally identified, it will be important that all the stakeholders understand that rushing to start a new employee before arrangements can be made to ensure compliance with all applicable laws and before regulations can be met puts the employer at unnecessary risk.
Identifying sources of authorized agents in advance, whether the process relies on a network purchased through an online I-9 company, simply using notary directories, or contacting local retailers or other resources, will ensure that an employer’s compliance processes do not get in the way of efficiently onboarding new employees.
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