“I know we need to start reviewing I9 identification again soon. How do I check a remote employee’s identification they provided for the I9 Form?”
Your HR Survival Tip
Since the first I9 form was required, we have been responsible for confirming that an employee’s provided identification was legit. Thanks to COVID, that rule was suspended for a couple of years. However, that ends on 7/31/2023, and you now only have until 8/30/2023 to review and confirm all those IDs you previously received.
Directly from the USCIS.gov site: The employer or authorized representative must “physically examine each document to determine if it reasonably appears to be genuine and to relate to your employee presenting it.” If you determine the document does not reasonably appear to be genuine and relate to your employee, allow your employee to present other documentation from the Lists of Acceptable Documents.
Your M274 Handbook for Employers (available online by searching for that title) dictates who an authorized representative may be and what their responsibilities for the I9 Form include. Although an employee may not be their own authorized representative, the employer “may designate, hire, or contract with any person you choose to complete, update or make corrections to Section 2 or 3 on your behalf. This person is known as your authorized representative. The authorized representative must perform all the employer duties described in this handbook, and complete, sign and date Section 2 or 3 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 your authorized representative.”
Start by pulling the I-9 Forms for all employees hired or recertified since 4/1/2021, and ask each employee to present the (original) identification used on the form for your review. You are merely looking at the ID they provided, not something different, and no photocopies. If you are using an authorized representative, provide sufficient instruction and training to ensure this review is completed correctly.
Since the suspension of physically viewing identification was unusual, we haven’t found information dictating how we are supposed to show the ID has now been reviewed. We suggest you or your authorized representative make a note in the box for Additional Information on page 2 of the form. The note should state “ID reviewed on MM/DD/YYYY by [Name of reviewer]” so you have proof of compliance.
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