Guide to Global Payroll Management - 2020 - 9-9

Employment Verification and Nondiscrimination Requirements
begins (by Thursday for an employee who begins work on Monday). Some documents
establish both identity and employment authorization (List A). Other documents establish
identity only (List B) or employment authorization only (List C). The employee can choose
which document(s) he or she wants to present from the Lists of Acceptable Documents.
The employer or its authorized representative must physically examine the original document or documents the employee presents and then fully complete Section 2 of Form I-9
within three business days of the date employment begins. The person who examines the
documents must be the same person who signs Section 2, and the employee must be physically present when the documents are examined by that person. Employers must examine
one document from List A, or one from List B and one from List C. Record the title, issuing
authority, number, and expiration date (if any) of the document(s); fill in the date of hire and
correct information in the certification block; and sign and date the Form I-9. Employers must
accept any document from the Lists of Acceptable Documents presented by the individual
which reasonably appear on their face to be genuine and to relate to the person presenting
them. Employers may not specify which documents an employee must present.
These rules are fully applicable for remote hires. Employers can designate an authorized
representative to complete Forms I-9 on its behalf, including human resources officers,
foremen, agents, notaries public, etc. If an authorized representative completes the form,
the employer is still liable for any violations in connection with the form or the verification
process. Also, reviewing documents by webcam or other video technology is not permissible. If a notary public is representing the employer, the notary is not acting as a notary,
but as the employer's authorized representative, and as such should not provide a notary
seal on the form.
If the form is being completed after the employee accepts the job but before beginning
work, the employer can enter the expected first day of employment. Temporary staffing
agencies may enter the first day the employee was placed in a job pool, while recruiters
do not enter the employee's first day of employment. Employers must accept any document from the Lists of Acceptable Documents presented by the individual which reasonably
appear on their face to be genuine and to relate to the person presenting them. Employers
may not specify which documents an employee must present. At the end of the process,
employers should return the employee's documentation.
WATCH OUT An employer participating in the E-Verify Program may only
accept List B documents that have a photograph.
Employers have the option of photocopying the documents presented by employees to
prove identity and work authorization. If copies are made, they should be made for all new
hires or reverifications and must be retained and presented with Form I-9 if requested during an inspection by ICE or DOL.

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