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?The Form I-9 was born in 1986 but still creates tension between business needs and legal requirements, particularly with remote hires, said John Fay, an attorney and director of product strategy at Equifax Workforce Solutions in Phoenix. I-9 audits by U.S. Immigration and Customs Enforcement (ICE) are another pain point.<\/p>\n
Physical Inspection Plan<\/p>\n So, employers need a physical inspection plan, which Fay said should include:<\/p>\n Most organizations are using authorized representatives to do the I-9 physical inspections. Fay said the representatives can be family members or friends of the employee. However, he added that if the documents presented with the I-9s aren’t real, the employer is on the hook. Be sure to communicate to remote employees that this physical inspection has to happen and why. The workers otherwise may not know the virtual review was a special circumstance and wonder why they have to do it again. They might even complain to the U.S. Department of Justice if the need for a physical inspection isn’t adequately explained, claiming the employer is requiring overdocumentation.<\/p>\n If a remote employee has left the organization but their I-9 has not been physically inspected, add a note to the I-9 form saying the employer was unable to perform the physical inspection because of the employee leaving and note the date of the separation, Fay recommended.<\/p>\n Audits<\/p>\n Audits are another place where business needs and legal requirements can collide, Fay said. He added that audits by ICE can be unpredictable and stressful.<\/p>\n There are two types of violations, substantive and technical, he noted. Substantive violations can include not signing I-9 Section 2 or not completing an I-9 for an employee, a common failure, Fay said. <\/p>\n Technical violations can include forgetting to enter the employee’s address on the form, for example. ICE will give employees 10 days to correct a technical violation, meaning that if the employer corrects it quickly, “it goes away,” Fay said.<\/p>\n There is inconsistency in audits across the nation, according to Fay, but he said it still pays off to try to correct violations as soon as possible.<\/p>\n He listed the following best practices:<\/p>\n What’s Next?<\/p>\n![\"John](\"http:\/\/squarehr.com\/wp-content\/uploads\/2023\/06\/avoid-recent-i-9-traps-that-arise-with-remote-hires-1.jpg\")
A policy of allowing I-9s to be inspected remotely over video to accommodate changes instituted during the COVID-19 pandemic is coming to an end July 31<\/a>. Employers must physically inspect I-9s that were completed remotely by Aug. 30, Fay said at the SHRM Annual Conference & Expo 2023 on June 13 in Las Vegas.<\/p>\n\n
Some employers may think there is a conflict of interest with a spouse or friend being the authorized representative. These organizations may decide not to use family or friends as the representatives, especially if the employers are prone to audits, and opt instead to use a notary, attorney or accountant.<\/p>\n\n