It is a legal requirement of any employer that a Form I-9 be completed to establish the identity and work authorization status of any employee hired after November 7th 1986.
An employee must complete the I-9 Form within 3 business days of the employees start date.
Within the I-9 Form are 3 sections. Section 1 is the responsibility of the employee to fill out. Section 2 and 3 are the responsibility of the employers to complete accurately.
Employers may appoint an Authorized agent to complete section 2 of the I-9 Form on their behalf. Typically a Notary Public is used I-9 From verification for remote employees, as their reputation for being impartial and trustworthy has already been established. Its important note that when using an authorized agent, it is still the legal responsibility of the employer to ensure that section 2 of the I-9 is completed correctly.
In the event of an audit, Federal Agents will ask to inspect and employers I-9 Forms. An audit will identify areas of concern, that may lead to technical violation or more serious substantive violations.
A technical violation would be, neglecting to assure that an employee has entered in their maiden name in section 1 of the I-9 Form.
A substantive violation would include not reviewing or entering proper List A, B or C identifying documents.
Employers are subject to to fines within the discretion of the United States Immigration and Customs Enforcement Group (ICE). ICE will determine the amount of the fine and also determine whether to suggest criminal prosecution for knowingly and continually employing unauthorized workers.
N3 Notary for information use only, not to be used as legal advice.