The flexibility does not change the employer’s responsibility to have an employee complete the Form I-9 as required by law. However, it does allow organizations to validate employment more immediately as needed. Please see a summary of this new option below:
For Guardian users, both the remote and virtual verification options can be accommodated in the system. For a brief summary of how to apply either of these options in our software, read on below and contact firstname.lastname@example.org if you have additional questions about either (or both) of these options.
You can use Guardian to implement a “remote designated authorized representative” policy to support your “work from home” operations. The USCIS has stated that an authorized representative can be any person you designate to complete and sign the Form I-9 on your behalf. This instruction reflects a longstanding tenet of the law – that employers have broad discretion in this area as long as they remember that they are ultimately responsible for the completion of the I-9.
Here’s how it works:
To further adhere to social distancing recommendations by the government in regards to reducing the spread of COVID-19, USCIS announced the temporary allowance of “virtual verification”. This is something that may still be facilitated by the Guardian system in conjunction with additional external tools.
Should an employer wish to validate an employee’s employment authorization documents virtually, they may use video-conferencing, email, fax, or other means. Employers will need to schedule a time to meet “virtually” with their new hire employee and also ensure that the employee properly completes Section 1 of the Form I-9.
Once the Form I-9 and Section 2 are completed within Guardian, organizations should clearly flag these I-9s for in-person verification within three days of the return to normal business. Using the custom field option in the system may assist organizations to report on these affected employees.
After the state of national emergency has ended (or a period of 60 days has passed from 03/20/2020), the employer must proceed with their in-person verifications and submissions within three business days.
Finally, users can include audit notes once physical inspection takes place to provide the additional information requested for this process.
If you have any questions regarding this alert or have additional questions about either of these two Guardian remote hiring solutions, please contact email@example.com. In addition, please check out our recent I-9 article which discusses remote I-9 policies during the coronavirus in even more detail: https://www.lawlogix.com/best-practices-for-completing-the-form-i-9-remotely-during-the-coronavirus-outbreak/
To find additional remote hiring resources inside the Guardian application follow these steps once logged into Guardian: (click images to enlarge)
In the left hand menu, click [Help]
Underneath the User Guides & Tutorials header, click [Remote Agent I-9 Process]
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