Content provided by: Senior People Ops Consultants Kendra Wilson and Joe Welch
Over the past several years, most companies have struggled with how to manage the I-9 verification process. Employers are required to use the Form I-9 to verify employment eligibility, but it can be a challenge to verify eligibility for remote employees, and this can expose companies to government inspections.
In early May 2023, DHS and NCIS ended form I-9 flexibility which allowed all employees hired from March 20, 2020 – May 5, 2023, to have their I-9 verification done remotely. Remote verification is not allowed anymore and compliance for those hired in this period needs to be met by August 31, 2023 (and all hires from here forward). Read the full announcement here.
What does this mean?
Reviewing copies of ID documents by mail, digitally, or by webcam is no longer allowed. Employers must physically view the presented/used documents no later than the 3rd day of work for new hires. This includes completing physical verification of employees hired between March 20, 2020 and May 5, 2023.
Note, e-verify is not a substitute for physical inspection.
How do I get in compliance?
Section 2 must be recertified in person (“physical inspection”) by the employer or designated authorized agent by August 31, 2023.
An authorized representative can be any person you designate to complete and sign Form I-9 on your behalf. You are liable for any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on your behalf.
Some options for recertification on hires done March 20, 2020 – May 5, 2023, and for hires for completely remote workforce entities:
- A notary public can be used, but do not have them notarize the form. This is not allowed in California, however, where a bonded immigration consultant is required if not utilizing an authorized agent.
- Designate a local HR consultant.
- For co-located employees, train another team member in close proximity to the employee to complete the form and ensure they understand how to handle sensitive information.
- Train an employee’s family member/friend to complete the form accurately. If using this option, it’s best practice to be on a video call with the family member/friend during completion to coach on the correct way to fill out the form, verify the documents and sign the form. their title would be authorized agent.
What if I don’t complete recertification or start physical inspections again?
There are penalties for not complying. The Department of Homeland Security raised their fines in 2022. The fines for substantive and uncorrected Form I-9 errors for a first offense is $2,507. The second offense is from $1,161 up to $2,322.
In addition, the penalties for recruiting, referral, and hiring unauthorized employees are also increasing. A first offense increased to $627 – $5,016. If employers continue to be fined, the second offense will go up dramatically at $5,016 – $12,537.
As you can see, the penalties for I-9 errors have increased substantially, so the cost of noncompliance is substantial. This could potentially result in big fines and cost employers time and resources to navigate the upcoming changes to the I-9 forms. As such, it is important for employers and HR Departments to stay up-to-date and compliant. If you need any assistance navigating the process to stay compliant, please reach out to Reverb with any questions. We’re here for you!
