Radically simple remote I-9 verification
Enjoy faster, compliant, 100% remote I9s
Enjoy faster, compliant, 100% remote I9s
Streamline high-volume onboarding with 350% faster remote I9 verification
Our new hires fill out the I-9, I hit accept and I’m done!
— Amanda Sontag, HR Business Partner, Ruby
The fastest, most compliant remote I-9 software
WorkBright’s remote I-9 capability is really a game-changer for HR.
— Sharyn Rinaldi Dingertopadre, VP of Operations and Client Success, AllWork
Your employees might not have a desktop–now they don’t need one
No need to lose sleep over I-9 audits, WorkBright has designed our Smart I-9 to minimize and correct errors every step of the way
Here’s how we keep your I-9s error-free:
Smart I-9 gives employers the flexibility to hire from anywhere. Our unique Section 2 process is faster and easier to facilitate than any other I-9 available
Manual E-Verify can be a nightmare, so we’ve built it seamlessly into Smart I-9. When Section 2 is completed in WorkBright, an E-Verify case is automatically submitted. You’re done!
WorkBright’s technology has proven to increase onboarding conversion rates, getting new employees to work faster
and for a fraction of the cost of other solutions
Since COVID, the shift to permanently working-from-home has become more widespread across many industries. However, employers still face numerous challenges, including how to verify Form I-9 for remote employees in 2024.
Form I-9 , or the Employment Eligibility Verification form, verifies the identity and employment authorization of any individual hired to work in the United States. All citizens and non-citizens must complete this form at their time of hire. The employer (or an authorized representative) also has a role in completing this form for each employee.
Specifically, as part of this verification process, new employees must complete Section 1 (Employee Information and Attestation) and present the appropriate documents, such as a passport or a permanent resident card, for the employer’s review. The certifying third-party must then inspect the documents to confirm they appear genuine, related to the employee presenting them, and to the best of their knowledge the employee is authorized to work in the United States. The employer or authorized representative then records information from the presented documents and signs Section 2.
Before COVID-19 altered our workplaces, these verification documents were reviewed in person. However, with workers shifting to fully remote roles, the I-9 verification process became more challenging, leaving employers wondering how to verify I-9 documents remotely.
Thanks to updated guidelines from the U.S. Department of Homeland Security (DHS), employers can now remotely verify Form I-9s, confirming employee eligibility through a remote verification process.
This article will cover some of the challenges of Form I-9 verification for remote employees with some helpful guidance to ensure you stay compliant.
On June 25, 2023, DHS announced its final rule allowing permanent I-9 verification for remote employees for certain qualified employers beginning on August 1, 2023, as long as the employer is enrolled in E-Verify.
So, under these new guidelines, how can employers verify an I-9 electronically?
It’s essential for employers to keep their “good standing” status with E-Verify to skip the physical inspection of their new hires’ verification documents while staying compliant. To remain in good standing, you must:
Good standing with E-Verify enables employers to remotely verify employees’ employment eligibility and confirm new employees’ identities while remaining compliant with both DHS and USCIS.
Employers may also use I-9 automation software, like WorkBright , to verify employees’ I-9 information remotely without enrolling in E-Verify. If you do use E-Verify, WorkBright also can automate the case creation process and eliminate the need to manually input information into the E-Verify website.
Both new hires and the employer have roles in accurately completing Form I-9.
New hires must complete Section 1 of the I-9 no later than their first day of employment. Section 1 requires the employee to provide their:
Next, the employee must attest to their citizenship or immigration status. In doing so, the new hire must select the appropriate box, such as U.S. citizen, non-citizen national of the U.S., lawful permanent resident, or non-U.S. citizen with a temporary authorization to work in the United States. Depending on the new employee’s citizenship or immigration status, they may need to provide additional information, such as their USCIS A-Number , Form I-94 Admission Number , or foreign passport.
When completing this section, employees must provide current and accurate information. In fact, when completing I-9s for remote employees, new hires must attest, under penalty of perjury, that their documentation is true and correct. If it is not, then the new hire may face imprisonment or federal fines for false information.
Once all information in Section 1 is completed, then the new employee must sign and date the I-9 form. The employee is not permitted to back-date this field.
If the new hire needs help preparing or translating the I-9, then the preparer or translator must complete and sign the certification on Supplement A (which is page 3 of the I-9).
There is no limit to the number of preparers or translators that a new hire may use. However, each preparer or translator must complete and sign a separate certificate.
Within three business days after the first day of employment, each new hire must present the required Form I-9 documentation to their employer. Any documentation must be original, unexpired, and acceptable.
If the employee is hired to work for less than three business days, then the employee must provide this documentation no later than the end of their first day of work.
When choosing which documents to provide, a new hire may choose from List A, List B, or List C of Acceptable Documents. An employer cannot specify which documents are provided from either list.
Now, let’s look at the employer’s role in verifying I-9 forms for remote employees. The employer must inspect the employee’s documents and attest they appear genuine and related to the employee. If the employer determines that they are genuine to the best of their knowledge, the employer records the appropriate documentation information in Section 2 of the I-9.
When the employer completes, signs, and dates Section 2 of the I-9, they are attesting, under the penalty of perjury, that they have examined the documents provided, that such documents appear to be genuine, and that the employee is authorized to work in the United States, to the best of their knowledge.
As we mentioned above, all Acceptable Documents from Lists A, B, and C had to be inspected in person before the global pandemic. However, now, employers can remotely examine remote workers’ I-9 documents through live video interaction, beginning on August 1, 2023, as long as the employer is enrolled in E-Verify . This remote examination must be done through a live video interaction; other methods, such as fax, are no longer permitted. When completing a remote document examination, the authorized representative needs to indicate so in the box labeled, “Check here if you used an alternative procedure authorized by DHS to examine documents.” Alternately, employers can complete Section 2 for remote employees with software like WorkBright without the need to be enrolled in E-Verify.
The employer must verify the employees’ documentation for the I-9 within three business days after the new hire’s first day of employment. However, if the employee will work for the employer for less than three days, then the employer must verify the employee’s documentation no later than the first day of employment.
Thanks to updated guidelines from the U.S. Department of Homeland Security (DHS), employers can now remotely verify Form I-9s, confirming employee eligibility through a remote verification process.
If the employee fails to present acceptable documentation to the employer within three business days, then the employer may terminate the employee. Additionally, if the employer fails to complete the Form I-9 within three days, the employer may be subject to civil monetary penalties under the Immigration and Nationality Act.
When it comes to verifying your new employee’s employment eligibility, you can’t afford to cut corners with your I-9 process. Whether you validate your remote employees’ I-9s in person, or through a qualified partner like WorkBright, you need to ensure the accuracy, authenticity, and completeness of the I-9s while adhering to legal requirements.
But, that doesn’t mean you can’t make this a quick and easy process. WorkBright offers a solution that is intuitive, compliant, and capable of high-volume hiring, so that companies of all sizes can manage remote hiring and onboarding with ease.
To find out how WorkBright can make your I-9 procedures lightning-fast, error-free, and 100% compliant, book a demo.
The primary purpose of Form I-9 is to ensure that all employees, citizens, and non-citizens hired for employment in the United States have the required authorization to work. To accomplish this, the form serves two main functions:
It’s worth noting that Form I-9 is not just a one-step exercise. Employers are required to keep the completed forms for either three years after the hire date or one year after the employment is terminated, whichever is later. This means that even after the hiring process is complete, employers must maintain these records and ensure that their employees’ authorization to work has not expired- especially for employees with temporary work authorization.
If you hire employees to work in the US, you must complete and retain a Form I-9 for each new hire. Employees need to complete Section 1 and provide official documentation. As the employer, you need to complete section 2 and verify that the documentation your employee has provided appears genuine and valid.
Yes, it’s completely possible to complete all your I9s remotely. If you use WorkBright, then your employees can fill in their I9 on their phone (or any digital device) and sign them. We’ve created a wizard with simplified instructions to guide them through the process. They can sign their form with their finger before sending it back to you.
Section 1 of Form I-9 must be completed by the employee by the end of their first day of employment. The employer must then complete Section 2 within three business days of the employee’s first day of work. To put this into perspective, think of the “Thursday Rule” - if an employee is hired on Monday, Section 2 of the I-9 form must be completed by the end of the day on Thursday.
Employees must verify both their identity and eligibility to work in the United States. Acceptable documentation is split into three lists. Employers can accept one document from List A (identity and work authorization), or one from List B (identity) and one from List C (work authorization). List A documents like a passport prove both identity and work authorization, while List B and C documents, like a driver’s license and Social Security card respectively, separately verify identity and employment eligibility.
Remote I9 verification with software like WorkBright’s Smart I-9 increases hiring and onboarding speed for employers, reduces compliance risk, and provides a seamless, fast and stress-free onboarding process for new hires.
Our one-of-a-kind geo-validated review enables a convenient, compliant, and cost-effective I-9 remote verification.
Fast – No satellite office, notary, or trip to the office required. Your employee selects an accessible third-party to complete their document inspection.
Guided – We give easy-to-understand video instructions to the employee and authorized rep to ensure everything goes off without a hitch.
Compliant – WorkBright’s geo-validated review ensures the employee and authorized rep are physically together, including an audit trail of IP addresses, times, and location.
Risk-Free – We’ve worked with top employment law experts to ensure the process is 100% compliant and it’s fully indemnified, so there is no risk for employers.
Historically, the i-9 required work authorization and identity documents to be physically examined in person. As of August 1st, 2023, the government offers employers the option to view documents virtually if they are enrolled in E-Verify. This “alternative procedure” allows for remote examination of an employee’s Form I-9 documents provided an employer meets the program requirements.
Employers can manage I-9 verification for remote employees by either having the employee’s documents physically inspected by an authorized representative or at a satellite office of the employer. Alternatively, they may follow the Alternative Procedure (effective 08/01/2023) outlined by the Department of Homeland Security, ensuring all specific criteria are met for compliance
Instead of having your employees come into the office so you can check their documentation manually, you can use WorkBright to verify their documentation remotely. Employees can select a third party (like a friend or family member) to be an authorized representative and complete Section 2 of their I9 to verify the documentation. Our geo-validation technology lets you confirm that the employee and the authorized representative are physically together and gives you an audit trail so you can ensure compliance.
WorkBright’s Smart I-9 is the lightning-fast, error-free, and 100% compliant way to physically complete I-9 remote verification. We’ve simplified the I-9 for both employers and their new hires, guiding employees through section 1 with ease and enabling I-9 completion in under ten minutes!
An electronic I-9 form is compliant as long as it meets the regulatory requirements for documentation, retains a record of any actions taken on the form, allows for inspection of completed forms by authorized officials, and includes a reasonable audit trail.
Yes, electronic I-9 solutions can greatly improve compliance by reducing errors through features like error-checking, timeline reminders, advanced audit trails, and automatic updates for legal changes.
Anyone! The Department of Homeland Security does not require the authorized representative to have any particular qualifications, licensing, knowledge, experience, or affiliation with the employer. So it’s perfectly fine for your employee to choose a friend or relation to complete Section 2 of their I9.
Of course, we recognize your organization may want to tighten this definition. With WorkBright, you can put forward custom requirements for who can act as an authorized representative for your Form I-9s.
An electronic I-9 form is compliant as long as it meets the regulatory requirements for documentation, retains a record of any actions taken on the form, allows for inspection of completed forms by authorized officials, and includes a reasonable audit trail.
If an ICE audit or raid discovers that you’ve been non-compliant when handling I-9 employment forms, it can cost you thousands, or tens of thousands, of dollars.
The best way to remain compliant is to:
WorkBright makes this all easy. With best-in-class security, automated field validation, document correction workflows, audit trails for third-party verification, and easily reportable employee information, you can relax, knowing your I9s are always audit-ready!
An authorized representative acts on behalf of the employer to sign off on identity verification documents for Form I-9. This provision in the Form I-9 rules can be viewed in full on the USCIS website and allows the employer to designate anyone (except the new hire themselves) to review the I-9 form and identity documents, verify their authenticity to the best of their ability, and complete section 2 of the certification.
Any person approved by the employer can act as an authorized representative for I-9 verification, as long as they can examine the employment documents in the presence of the employee or during a virtual “Alternative Procedure” meeting. *Special restrictions apply in California with respect to an authorized representative.
The DHS policy is to never provide an official “stamp of approval” on a specific technology solution. However, we have meticulously designed our solution within DHS’s i9 online specifications.
Additionally, WorkBright consulted with many of the leading I-9 attorneys in the country, with over 25 years of experience in immigration law, to advise us during the development of i-9 verification for remote employees. We wanted to ensure that we would be above and beyond what is required for the authorized representative as well as the audit trail in case there is ever a question.
We have successfully processed more than 1.5 million I-9s with a flawless record. Our confidence in our solution is so high that we provide complete indemnification for it.
WorkBright maintains a comprehensive audit of all Form I-9 activities including timestamps, IP addresses, phone numbers and more. ICE is very comfortable working with electronic systems and it can greatly help expedite the process as compared to paper forms.
Currently Employed U.S. Citizens and Lawful Permanent Residents:
As long as the individual is employed and their identity and work authorization was valid at their time of hire, the I-9 remains permanently valid. There’s no need to renew the I-9 or reverify work authorization.
For Employees with Expiring Work Authorization:
For employees with expiring work authorization documents, re-verification is required no later than the date of expiration noted in Section 1 or Section 2. The employer must re-verify the employee’s work authorization on Supplement B (formerly Section 3) and attach it to the original Form I-9.
Former Employees:
Employers must retain a terminated employee’s I-9 for either three years after the date of hire or one year after the date employment ended, whichever is later. After this retention period, the I-9 forms can be purged. We do recommend checking with state law to determine if there are any specific requirements to retain the I-9 form for a longer period of time based on a state’s document retention law/regulation.
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Copyright 2024 © WorkBright
End User License Agreement | Privacy Policy
Copyright 2024 © WorkBright