Do Remote Workers Need a Form I-9?

The number of people performing remote work has increased dramatically in recent years. Initially spurred on by the Covid-19 pandemic, remote and hybrid work quickly became part of the new norm. Despite return-to-office initiatives, many are reluctant to give up remote positions. Some companies have embraced this new paradigm and continue routinely hiring fully or partially remote positions. Does a business need to complete a Form I-9 for these employees?

Understanding this important element of compliance is necessary. Failure to do so could result in an inability to pass a federal inspection audit of your employment records. Here’s what to know about this situation.

Everyone Must Meet Form I-9 Requirements

With rare exceptions, every business that hires employees must complete the Form I-9. Private domestic work and some independent contractors are among those exceptions. In all other cases, you must have a complete and accurate Form I-9 for every employee in your business. The official rules state that you must complete this document within three business days of hiring.

Remote workers aren’t exempt from this rule. This situation can be tricky for some employers. A candidate for a remote job might not even reside in the same state as your business. They may go through the entire interview and hiring process digitally. Remember, the I-9 process requires an examination of the employee’s identity and authorization documents. Traditionally, the employee had to present the documents physically. That could cause problems under the old system.

How Verifying Remote Workers Functioned in the Past

Before 2020, there weren’t broad exceptions or alternatives to physical document examination. Remote work was not typical. Those companies that relied on it typically still hired locally. Doing so made bringing individuals in for a Form I-9 session easier. However, it also meant artificially limiting the talent pool available for employers working with a remote team. Hiring farther afield could mean burdensome travel requirements for those employees.

The global pandemic and subsequent lockdowns shook up the system. Many companies transitioned to processes that relied on remote work. Many offices remained largely empty for over a year—but companies still needed to hire. The federal government relaxed some compliance requirements as the new remote work environment developed.

Beginning in March 2020, the government temporarily suspended the physical examination requirement. A series of guidelines governed the process and required an eventual in-person examination. Meanwhile, remote document examination was the primary means employers used to complete I-9s.

Several years later, that flexibility ended—employers who conducted a remote examination had to follow a revised procedure or verify the documents in person. After that, the standard requirements resumed—with one notable exception. The government chose to adopt its virtual exam procedures into a new workflow.

Employers may now rely upon quickly completing an I-9 for a remote worker. However, it does come with some prerequisites. Let’s review those now.

The Role of E-Verify in Streamlining Remote Onboarding

If you wish to verify documents remotely, your business must participate in the voluntary E-Verify program. E-Verify is a system that streamlines verifying an employee’s identity information. Using data from the Social Security Administration and the Department of Homeland Security, E-Verify helps confirm identity and eligibility. It is a robust supplement to the I-9 process.

If you are a participant in good standing, you can adopt the approved remote document exam process. The latest version of the Form I-9, valid from August 1, 2023, even contains a checkbox related to this process. You must indicate on the Form I-9 that you used a remote method to examine documents. Furthermore, you have to retain copies of the documents with the form.

How the Process Works

Instead of requiring an in-person examination, the new procedure lets you use a live video chat. The employee must present relevant documents from the acceptable lists during the video call. They must also provide digital copies of each document’s front and back.

Have the individual display the documents to their camera during the video call. As with an in-person examination, you must determine that they appear genuine and correct. After this process, you can check the Alternative Procedure box on the Form I-9, retain copies, and file all the data for your records. The USCIS website contains more helpful information on this process.

Equip Your Business for Flexible Hiring in a Changing Environment

Every business must complete a Form I-9 for every employee within three days of hiring. Whether you’re hiring an in-office employee or a remote worker, this requirement holds. Likewise, remember that you must be an E-Verify member in good standing to use the new remote document examination process. Otherwise, you will have to continue physically examining documents.

Every business has Form I-9 requirements to meet. Because of that, there are many good reasons to participate in E-Verify. Streamlining your onboarding processes and adding an extra verification layer are positive improvements. When you can onboard remote employees with less hassle, you can build the workforce you require. Consider your next steps and ensure your business complies when hiring remote team members.