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I-9 verification for virtual employees
Company headquartered in Arizona, but we have employees all over the country. We cannot visually look at their original verification documents per I-9 instructions. Any suggestions?
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12 Answers
I have a web based solution which allows for your remote hires to access our system online, complete section one of the I-9, utilize the digital signature process. Document verification is handled by a Notary Public at their location. The documents the new hire is using for verification are copied and notarized and forwarded back to your office.
You can then scan those documents and attach to the employee file with the Electronic I-9 that was completed online. Since you are in AZ you will need to E-Verify. When you approve the online I-9 you will be able to have this employee E-Verified. Our electronic I-9 system has a seamless integration with E-Verify, no need to repeat the data entry into the E-Verify system.
All documents tied to this employee is easily accessed, the I-9, E-Verify report, verification documentation is all managed in one system. If you need to track end dates or follow up on a verification receipt, email reminders are sent to the responsible HR associate in a customized tracking system.
I have used a method very similar to Dan when I worked for a company with employees in 44 states, many of them remote. Caution should be exercised as some states do not allow Notary's to perform this function. In those instances either the employee or the manager got to travel for the onboarding.
We, too, have used a notary in this situation. We will also work with the hiring manager to find out if they will be seeing the employee within the first few days and at times they are able to arrange something face to face once it is suggested. We are about to roll out an electronic I-9 system, but I don't know that is any better of a solution for those states where the notary isn't possible.
I am curious about the web based solutions you are using and how they interface with e-Verify. Is this an "off the shelf" product or something your application developers came up with?
Thank you everyone confirming the use of a notary. This is what we are currently doing, but have some concerns about this. Susan
Anybody can fill out the I-9 form and verifiy the identification. Does not necessarily have to be an HR person, but a supervisor or manager. Then the I-9 form can be mailed to the appropriate place.
The web based I-9 solution that is available is not an off the shelf product. There are a few vendors that offer a platform where your I-9's are completed online. The management of the I-9 process is all done on line. Tracking of end dates, reverifications, document retention, purge dates are all managed by the system. The E-Verify component is integrated into the electronic I-9 process and is automatically uploaded directly to DHS/E-Verfiy. The E-Verification record automatically is downloaded to the system and is part of the employees record on the system. In the event you receive a TNC on a submission, the online system will provide you with the steps necessary to deal with this issue.
The E-Verify component integrated with this platform allows for businesses that are active with government contracts to manage the E-Verify results for the specific employees tied to a particular contract. Full reporting capabilities are built in to the process.
Internal tracking systems and customization done at the user level will allow for complete management of all employees I-9 records, job assignments, reverifications requirements and will ultimately allow for the your manual process to be completely automated.
Many businesses are migrating all existing employee I-9's into this type of system and all new hires have an electronic I-9 completed during the onboarding phase.
Immigration, Customs and Enforcement (ICE) have been very blunt this last year. They are coming after the businessman, not only for hiring illegals, but paperwork violations. The I-9 maybe just a "one page" simple document, but recent audits have resulted in millions of dollars of fines for paperwork violations. To compound this issue, the IRS and the DOL are talking and opening the businesses to multiple investigations.
The old way of handling I-9's is time consuming, error prone and can be an extreme liabilty to the organization, the board of directors and managers.
I think it important to point out that even with an automated I-9 process the law still requires the company representative to personally see the actual documents used and not a facsimile or copy of them.
I have used an automated onboarding process through a major vendor but have not yet seen a system that integrates the I-9 management with E-verify. I would love to see one though.
The electronic I-9 technology solution that I utilize with my clients will integrate with Oracle, SAP, PeopleSoft, Taleo and Peopleclick. It will also accept data transfers from Outlook, Excel, Access, Quickbooks etc...
Checkout my website (www.ecsi9.com) You can send me an email if you would like to see a demo.
My employer, Navicus, offers direct I-9 Verification through E-verify as part of our electronic onboarding software and as a stand alone product.
The issue regarding off-site employees or contractors does require some forms to be mailed in after being notarized by a person who verified the actual documents. You do not need to keep copies of the actual documents, although visa documents may require extra attention to detail. Benefits to using a business software solution, instead of the governments E-verify system include automation of standard practices for reporting, achieving, and letter generation. Our system includes 2 way communication from ICE when/if the new hire is cleared after an initial non-verification.
The rest of the process including the actual on-line processing through E-verify is handled without paperwork, and can be emailed to new hires at the appropriate time. It is a great solution, although costs are incurred on a per hired basis.
Curious to know, form Don Herrmann or someone else, what states do not permit the use of a Notary?
Without doing research on the specific state laws regarding what a Notary can and can't do, there are other options.
If you refer to the USCIS I-9 Handbook for Employers; questions 41 and 42 provide you with your options. (see below)
41. Q. As an employer, do I have to fill out all the Forms I-9 myself?
A. No. You may designate someone to fill out Forms I-9 for you, such as a personnel officer, foreman, agent or anyone else acting in your interest, such as a notary public. Please note that if someone else fills out Form I-9 on your behalf, they must carry out full Form I-9 responsibilities. For example, it is not acceptable for a notary public to view employment authorization and identity
documents, but leave Section 2 for you to complete. The person who views an employee’s employment authorization documents should also complete and sign Section 2 on your behalf. However, you are still liable for any violations of the employer sanctions laws.
42. Q. Can I contract with someone to complete Forms I-9 for my business?
A. Yes. You can contract with another person or business to verify employees’ identities and employment
authorization and to complete Forms I-9 for you. However, you are still responsible for the contractor’s actions and are liable for any violations of the employer sanctions laws.
The online system I utilize with my clients allows employees and supervisors/agents to login and complete Sections 1 & 2 of the I-9 remotely to create an even more streamlined process.
With the Proprietary Remote Hire Interface & Solution of the system, you are able to have remote hires go to a convenient Notary, CPA and/or HR services company of their choice and complete an error proofed digitally signed I-9. The responsible corporate HR manager is notified by email when the electronic I-9 is complete.
The electronic I-9 is immediately valid and reviewable and, if integrated E-Verify is in use by the company, then an authorized E-Verify HR User can submit the data to E-Verify without additional steps or data entry. These E-Verify results are automatically captures in the employee’s record.
Scanned copies of the Section II supporting documents made be automatically and easily uploaded to an employee’s file for a truly paperless system.
Thank you Dan for reminding me of "42. Q. Can I contract with someone to complete Forms I-9 for my business?
A. Yes. You can contract with another person or business to verify employees’ identities and employment
authorization and to complete Forms I-9 for you. However, you are still responsible for the contractor’s actions and are liable for any violations of the employer sanctions laws."
We had a relationship with a Temp Agency and used them for many locations. They didn't charge us either.
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