How To Meet Form I-9 Requirements During Virtual Onboarding

Onboarding in a virtual world

Although it appears that 2021 may eventually bring workforces and HR closer to normal again, what’s considered “normal” has probably changed for good. Hiring and onboarding in a virtual environment are potentially our “new normal.” 

In a December 2020 report, SHRM found that 36 percent of companies say they’re willing to hire workers who are fully remote and live anywhere in the U.S. or internationally, compared to just 12 percent pre-pandemic. So, off-site onboarding is here to stay, which will require some process adjustments. 
 

Of particular note are the requirements around Form I-9. For new hires, the United States Customs and Immigration Services (USCIS) requirements state that employers or their authorized representatives must physically examine the documentation presented by the employee - within three days of the employee’s date of hire - and sign Section 2 of the Form I-9. 

For rehires, those employees who are rehired within three years of the date that Form I-9 was originally completed, Section 3 of the form requires similar in-person, physical review and signature. Physical inspection means people and people aren’t virtual. 

So how might this work in a virtual world? We are getting a taste of it now. Since March 2020, employers have been offered a temporary exception by the Department of Labor (DoL) to virtually inspect Form I-9 documents for new hire onboarding if their business is operating entirely remotely. 

The guidance has been extended a number of times, and the DoL has not yet indicated whether there will be additional extensions. It is just a temporary solution, though. Any I-9s that are completed using the temporary virtual verification option will still need to have Section 2 documents physically inspected - by a person - within three business days of the expiration of the temporary guidance or within three business days of the business reopening or an employee returning, as defined by the guidelines. And so, we’re back to people in the process again.

A better solution may be to introduce technology and outsource completion to assist with compliance and help streamline processes. 

Any onboarding process in a virtual world must be mindful of the user experience for both the onboarding team as well as the new hire. The software must be intuitive and should provide not just the correct steps but also the context for those steps to help close any training gaps for remote HR teams. It must be mobile-first, easy to implement and it must make the experience for the new hire completing a Form I-9 on his or her own clear and easy to do. When that happens, onboarding new hires virtually with automated I-9 management can offer many benefits:
 

• Administrative efficiency - Forms I-9 are not scattered across multiple locations in separate file cabinets, and HR managers have a virtual, central, searchable and accurate record of those I-9s completed in the system for their workforce.
• Accuracy - In-application prompts virtually guide onboarding reps and new hires, while authorized representatives in a completer network are trained on the complexities of Form I-9, providing more confidence that the Form is being completed correctly.
• Meeting required deadlines - I-9 service includes reminder alerts for key compliance deadlines, including notices for both the user and completer to meet to complete Section 2 - which must be completed within three business days of the new hire’s start date.

Furthermore, automated I-9 management services with trained completer networks can be more adaptable to newly virtual hiring practices and guidelines. Services with pre-built integrations to existing ATS or HCM platforms, or APIs, can add greater simplicity and improve alignment with current onboarding processes. Virtual onboarding can also be accomplished completely off-site. For example, Equifax customers have used the I-9 Management and I-9 Anywhere platforms to hire and onboard at job fairs, completing the onboarding process and paperwork virtually at the hiring fair so new hires can proceed right to the worksite. 

So while virtual onboarding may be here to stay, it can be made easier with technology to help organize timelines, help coordinate compliance and track paperwork. But it still requires people to both help create those new standards for excellence in the new hire experience, and also to complete Section 2 of the Form I-9. 

Jason Fry is AVP, Employer Services, at Equifax Workforce Solutions. Jason has over 15 years of experience in workforce compliance and regulatory enforcement. His expertise extends across the full spectrum of the HR lifecycle, from on-boarding to off-boarding. Jason is intimately familiar with state and federal tax programs affecting employers, and also focuses on compliance and risk mitigation for workforce regulatory issues. Visit www.insight.equifax.com  Connect Jason Fry