Denver Staffing Agency - Completing Form I-9 for Remote Hires is Required

  • Posted by: J. Kent Gervasini |
  • 3/31/14 |
  • 2:45 PM
Denver Staffing Agency - Completing Form I-9 for Remote Hires is Required

As a Denver temporary staffing agency, and a direct hire recruiting firm since 1979, we understand that we are a vital link in stopping unauthorized and illegal employment, and that begins with Form I-9.

In 2013, J. Kent Staffing employed 457 professional staff in their various functional areas of expertise working across every industry and sector. At J. Kent Staffing, we recognize the importance of employing a legal workforce; therefore in 2013, our Staffing Managers processed the Form I-9, 457 times for each employee to ensure that we employ only individuals who may legally work in the United States.

Completing Form I-9 for Remote Hires is Required 
However, not all employees are hired at one central office location. Depending upon your business, remote hiring and remote "onboarding" often is necessary. We frequently are questioned by the Denver employer about processing Form I-9 for remote hires. Therefore, it was timely when the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services published  on Mar. 19, 2014, up-to-date information on this subject. 

Employer May Designate an Authorized Representative to Fill Out Form I-9 on Behalf of Their Company
When making a hire in a remote location, for example, at an oil well or construction site, in another state, or even across town, employers may designate an authorized representative to fill out Forms I-9 on behalf of their company.  The Department of Homeland Security does not require the authorized representative to have specific agreements or other documentation for Form I-9 purposes. However, it is important to keep in mind, if your company appoints an authorized representative. and he/she fills out Form I-9 on behalf on the employer, the employer is still liable for any violations in connection with the form or the verification process. Some good examples of these "authorized representatives" include:

  • personnel officers,
  • foremen, agents or
  • notary public.

Authorized Representative Must Physically Examine Form I-9 with Employee Physically Present

  • If the authorized representative refuses to complete Form I-9 (including providing a signature) another authorized representative may be selected.
  • When completing Form I-9, the employer or authorized representative must physically examine, with the employee being physically present, each document presented to determine if it reasonably appears to be genuine and relates to the employee presenting it.
  • Reviewing or examining documents via webcam is not permissible.

Notary Public Acts as an Authorized Representative of Employer (Not as a Notary)

  • If the employer hires a notary public, the notary public is acting as an authorized representative of the employer, not as a notary.
  • The notary public must perform the same required actions as an authorized representative.
  • When acting as an authorized representative, the notary public should not provide a notary seal on Form I-9.

When and Why was the Form I-9 Introduced?

The Immigration Reform and Control Act (IRCA), was enacted November 6, 1986.The IRCA introduced the Form I-9 to ensure that all employees present documentary proof of their legal eligibility to accept employment in the United States. J. Kent Staffing has verified employment eligibility using the Form I-9 since that date.

Federal E-Verify, a Companion to Form I-9

The information in the article above is intended for general education and information purposes only and should not be relied upon as a substitute for professional, legal, and/or accounting or your insurance underwriter’s advice.

 Source:  U.S. Citizenship and Immigration Services(03/19/14)

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