For example, if an employee begins work on Monday, the employer should count Tuesday as Day 1 and count 90 days to determine the validity period of the receipt. Form I-94 and Form I-20 do not establish employment authorization for reverification in the case of F-1 students seeking employment under optional practical training (OPT), STEM OPT extension, or off-campus employment based on severe economic hardship. If employment authorization is granted in these cases, USCIS issues an Employment Authorization Document (EAD) as evidence of employment authorization.

Navigating the complexities of completing Form I-9 with remote employees can be challenging, but technology has provided solutions. Due to the pandemic, employers now have flexibility measures that allow them to remotely verify Form I-9. However, to utilize this option, employers must be enrolled in E-verify and create a case for the concerned employee. If a Form I-9 was never completed or is missing, the current version of the Form I-9 should be completed as soon as possible.

Humanitarian Based Forms

As mentioned above, employers that use the alternative procedure with an employee must retain a clear and legible copy of all documents presented by the employee seeking to establish identity and employment eligibility for Form I–9. However, an employer may choose to offer the alternative procedure for remote hires only, but continue to apply physical examination procedures to all employees who work onsite or in a hybrid capacity. Employers may do this so long as they do not adopt such a practice for a discriminatory purpose or treat employees differently based on their citizenship, immigration status or national origin. Form I-9 regulations allow employers to choose whether to keep copies of documents employees submit to complete their Form I-9. Therefore, you may choose to begin or end the practice of keeping copies of documents at any time, as long as you do so for all employees, regardless of national origin or citizenship status, or you may be in violation of anti-discrimination laws. If a qualified employer chooses to offer the alternative procedure to new employees at an E-Verify hiring site, that employer must do so consistently for all employees at that site.

All Forms

Also, the hyperlink on the main Form I-9 webpage returns you to the Instructions above. Is there a topic or business challenge you would like to see covered on SPARK? ADP SmartCompliance for employment verification is integration-agnostic, tightly integrating with your payroll system using APIs and peer-to-peer connections giving 80%–90% “instant hit” verifications. This translates to increased efficiency, while reducing human error and with no employer involvement. Follow the guidelines above to determine if you are using the correct form. If you discover an error in Section 1 of an employee’s Form I-9, you should ask your employee to correct the error.

Q: How long after hiring a new employee do we have to complete the I-9? Has this timeframe changed?

If an employee’s employment authorization expires, they must present new or updated document(s) and the employer must examine and record the document number(s) here. Employers may also be required to complete this section when rehiring a former employee, depending on how much time has passed. All employers must complete and retain a Form I-9 for each employee at the time of hire. The form is used to verify a new hire’s identity and work authorization.

Employers must be sure that compliance is top of mind when completing and retaining I-9 Forms. With the government’s focus becoming more attuned to compliance, employers must be on the ball when it comes to onboarding employees. Even if an investigation occurs, having appropriately completed forms will make the investigation go smoothly and potentially keep you out of hot water. From Nov. 28, 2009 until Nov. 27, 2011, employers hiring individuals for employment in the Commonwealth of the Northern Mariana Islands (CNMI) used Form I-9 CNMI to verify the identity and employment authorization of each newly hired employee.

Q: Do I need to have all of my existing employees complete the new version of the I-9?

• A new Form I-9 can also be completed if major errors (such as entire sections were left blank or Section 2 was completed based on unacceptable documents) need to be corrected.
• ADP is committed to assisting businesses with increased compliance requirements resulting from rapidly evolving legislation.
• To complete the form, employees must provide documentation verifying their identity and authorization to work in the U.S.
• With the new year, it’s time to review your employee files and make sure you have the current forms.
• Use Form I-9, Employment Eligibility Verification, to verify the identity and employment authorization of individuals hired for employment in the United States.

Reviewing or examining documents via webcam, email, fax or a similar method was not permissible. You are not required to have a contract or other specific agreement with your authorized representative for Form I-9 purposes. If you choose to use a notary public as an authorized representative, that person is not acting in the capacity of a notary. This person must perform the same required actions to complete the verification process on your behalf as any other authorized representative, including signatures. When acting as an authorized representative, a notary public should not provide a notary seal on Form I-9.

• If you have made changes on a Form I-9 using correction fluid, we recommend that you attach a signed and dated note to the corrected Forms I-9 explaining what happened.
• Use of this content is subject to the RUN Powered by ADP® Terms of Use.
• Citizenship and Immigration Services (USCIS) released a new Form I-9 for employers to verify employment eligibility.
• The authorized representative must then sign and date the I-9 on the employer’s behalf.

A state-issued temporary driver’s license is an acceptable Form I-9 List B document if it contains a photograph or identifying information such as name, date of birth, sex, height, eye color, and address. Any conditions on the temporary driver’s license, such as that the expired license must accompany the temporary driver’s license for it to be valid, must be followed. The date your employee enters next to their signature should match the date the preparer/translator signed the supplement. Employers must ensure that employees have access to the Instructions for completing Form I-9, by providing them either a hard copy or a hyperlink.

The employee’s foreign passport establishes identity and therefore does not trigger reverification when it expires. In the case of a student, the Form I-94 and I-20 establish employment authorization. Both documents should be treated as a group; reverification should not be completed each time one of the documents in the group expires. If an employer is unable to physically meet with the worker to review original I-9 documents, then federal law allows employers to use an authorized adp i-9 form representative to fulfill this function on the employer’s behalf. The following is a checklist for completing the I-9 for remote workers after the temporary policy ends, and when using an authorized representative.

How to Complete the I-9 for Remote Workers

Employers use Form I-9 to verify a new hire’s identity and work authorization for employment in the United States. All employers (or authorized representatives of the employer) are required to complete an I-9 form for each individual they hire, including citizens and noncitizens. Second, the employer must examine the front and back (if the document is two-sided) copy of the identity and employment authorization documentation to ensure that the documentation presented reasonably appears to be genuine.

You may ask if the employee has other documentation that would satisfy Form I-9. Employees must sign the form even if a preparer or translator helps them. Each preparer or translator who helps your employee must provide their name and address and must sign and date a separate certification block on Supplement A, Preparer and/or Translator Certification for Section 1. Keep in mind that the employer is ultimately responsible for any I-9 violations. Therefore, if you, as the employer, designate a representative, then you should ensure that they have experience in completing the I-9 and you should review the I-9 completed by the designated representative to confirm it is error-free. For the latest on how federal and state tax law changes may impact your business, visit the ADP Eye on Washington Web page located at /regulatorynews.