Since the remote flexibilities end on July 31, 2023, employers are scrambling to physically re-verify identity and employment authorization documents (EADs). These re-verifications apply to employees whose information underwent remote verification. They have 30 days after July 31 to ensure all I-9s comply with verification regulations. However, many employers have questioned how to handle situations that may and have risen during re-verification.

Aware of the growing confusion, the U.S. Citizenship and Immigration Services (USCIS) recently provided guidance for the transition. The guidance covers many topics that confuse employers and directs them to existing policy tips that can also assist the process.

Here are a few best practices to remember while physically verifying Forms I-9s that were previously remotely verified.

Who Counts as Authorized Representatives to Complete Physical Inspections?

Employers may nominate anyone to act as an authorized representative for completing the employment eligibility verification (Form I-9) process on their behalf. For example, they could have family, friends, or other employees over 18 to act as their authorized representative. However, some states have exceptions.

Employers should review local laws to ensure compliance. For example, California allows any individual to act as an authorized representative for compensation under one condition: The individual must be a bonded Immigration Consultant.

How to Perform Physical I-9 Inspections for Terminated Employees?

Employers do not need to perform additional inspections for employees terminated before a physical inspection could happen. Instead, they should complete Section 2 of Form I-9 and include a brief explanation in the “Additional Information” box. This explanation should include the employee’s termination date.  

How to Handle Expired or Missing Documentation for Remotely Inspected I-9s?

Typically, employers may proceed as usual if documentation used during the remote process remains up-to-date. As such, they do not require additional documentation. However, employees without the original documents must present new proof that meets I-9 requirements. The employer can use these to complete a new Section 2 on a separate Form I-9 and attach it to the original.

How Can Employers Help Guarantee Compliance for Each Form I-9?

Employers can improve the accuracy and completeness of Form I-9s by utilizing an electronic I-9 management system. It provides step-by-step instructions and resources, ensuring employers comply uniformly with every new hire. It streamlines the process and helps employers meet the requirements efficiently and consistently. In addition, the right system offers E-Verify integration for employers using the government’s verification website.

When it comes to your employees, automation makes eligibility verification quick and simple. Ensure compliance today with I-9 Compliance.

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