How to resolve the business issue of hiring employees remotely in locations where they don't have a physical presence has created concern regarding Form I-9 for many in the staffing and related industries. This process can be PAINFUL. The process can also be challenging, labor intensive, and leaves the documentation subject to inaccuracy in completion, non-compliance, as well as risk and exposure to fines.
Maybe you or someone on your team hires remotely in multiple states, maybe you or someone on your team loses sleep at night attempting to complete the process in the 72-hour window as it is not geographically possible, maybe you or someone on your team has had a notary reject the idea of completing Section 2 as a third party agent...whatever the situation there are solutions to mitigate these issues affiliated with the remote hire process.
Remember:
1. You have to be VERY CLEAR that when you send an employee to have their I9 completed, that the Notary (or attorney, outside personnel officer, etc.) understand that they are being hired as a trusted representative, and NOT as a notary and so on.
2. A review of the original documents (not a copy or fax) upon completion of Section 2. Employers should not carry out I-9 responsibilities by means of documents faxed.
3. The relationship of a business entity and a PEO (i.e. "co-employers")....both entities remain equally responsible for meeting the Form I-9 requirements and are equally liable for any failures to meet those requirements. Accordingly, the employer is fully responsible for errors, omissions, and deficiencies in the PEO's processing.
4. Be certain the most recent version of the Form I-9 is being utilized. http://www.uscis.gov/portal/site/uscis
Steps to mitigate future concern:
1. Implement an automated I-9 compliance solution with fully automated/electronic processing of I-9 and E-Verify specifically designed to include an electronic remote hire feature that will enhance accuracy in completion.
2. Establish a network of third party agents (i.e. affiliate office locations, drug screening facilities, or invest in establishing a notary network) to execute the accurate completion and processing of the I-9 on your organizations behalf.
3. Develop a specific process flow and procedure for remote hires and third party agent with clear instruction.
In closing; the remote hire process for Form I-9 can be achieved successfully when diligence and discovery lead to the implementation of an automated solution featuring a specific fully automated remote hire module in conjunction with a developed Agent network to alleviate the burden of potential non-compliance.