By Jennifer Pawlak
Back in October, I hosted a webinar called I-9 Tips, Tricks, and Updates that garnered a few good questions I wanted to share with a wider audience! You can download the webinar and slides here if you’d like to watch it. While I’ve got your attention, I wanted to let you know I’ve two more I-9 webinars in 2021. The first is in May and will be an updated version of the October webinar; that one is intended for anyone. Then in October, I’ll be hosting a “beyond the form” webinar that will be a deeper dive for HR professionals who regularly complete I-9s. I will talk about specific cases and intricacies of the form and regulations. I’d love to answer your questions, too, so start making a list!
Click here to check out – and register for – all of our webinars for the coming year
But now to the Q&A! Answers valid as of January 7, 2021.
Q: Do the dates on the first page and the second page have to match?
A: No, the dates do not need to match. The employee must complete (and sign) Section 1 on or before their first day of work. The employer must complete (and sign) Section 2 within 3 days of the employee’s first day of work. Another spot for the date is in Section 2 where the employer indicates the employee’s start date. Theoretically, all of these dates could be the same, but they don’t need to be.
Q: We are a recruiting company and our internal staff are all remote, but some companies at which our employees are placed are back in the office. Are we still allowed to review documents virtually?
A: Yes, strictly speaking. The virtual verification rules currently in place because of COVID-19 indicate that you may review documents virtually if all of your workforce is currently remote (because of the pandemic specifically). If you are an always-remote workforce, then the COVID-19 rules don’t apply, and you must always have someone review the documents in person. I don’t think USCIS anticipated this particular situation, so depending on how much you trust the client, you could have someone at the worksite act as the authorized representative and complete Section 2 on your behalf (i.e. review the documents in person).
Q: How do you deal with an employee terminated prior to physical verification of the documents?
A: Put a note on the I-9 to indicate that the employee was terminated before Section 2 was completed.
Q: Can one person check the physical documents and another complete Section 2?
A: No! Whoever reviews the documents must also complete and sign Section 2.
Q: Can you designate I-9 verification responsibility to multiple individuals on staff?
A: Yes. Just make sure the individuals have received training on how to complete the I-9 and the rules surrounding it.
Q: Should the I-9 be noted to reflect when there is a (last) name change?
A: You may update the I-9 but you don’t have to. Here are the reverification rules.
Q: When someone terminates, should the I-9 still be filed separately, or with the employee file?
A: I recommend storing all terminated I-9s together so that you can conduct regular “purge reviews” and get rid of them when they’re eligible. See here for the rules on how long you have to keep I-9s for terminated employees.
Q: Do you have to keep copies of documents together with the I-9?
A: If it is your company policy to keep copies of documents, or if you are required by E-Verify, then yes, you should keep copies of the I-9 supporting documents with the I-9 itself.
Do you have any questions for me? I’m happy to help when you have specific or odd or general or any other type of issue come up.