HRO Today July/August 2015 - 45

Risk and Compliance
a company office, and many offices don't have a trained
official to manage the Form I-9 process, employers must
find a way to onboard these employees and complete
the document accordance with applicable laws and
regulations. Other challenges this changing workplace
landscape has created include:
* Lack of resources and time to have the hiring manager or
remote employee travel for a face-to-face meeting;
* Requirement that the person completing Section 2 for
Form I-9 be physically present with the new hire;
* Employer retention of liability even when designating an
authorized representative;
* Document retention for E-Verify employers; and
* Secure and compliant access to employer's electronic I-9
management system.
Best Practices to Ensure Form I-9 Compliance
When it is not feasible for the employer themselves to
physically inspect the documents with the new hire,
there are options for legal completion. USCIS has said it is
acceptable for an employer to designate a completer of
Section 2 on the employer's behalf. That completer must
sign as the employer's authorized representative with the
employer's name. This can be confusing, for example, if an
employer is using a completer network and that completer
lists the name of the network, rather than the employer's
name in completing Section 2. The employer cannot go
back later and sign the form as the employer because the
same person who examines the documents with the new
hire must complete and sign Section 2.
Employers should exercise caution in selecting completer
networks to ensure proper training and support by the
networks. For example, notaries have been activated
by some I-9 vendors as trusted completers; however,
notaries cannot act in their capacity as notaries and attach
their stamp or seal to the Form I-9 in lieu of a signature.
Notaries completing Section 2 are doing so as individuals
and not in their official role as a notary. In fact, in late
2014, California decided that notaries are not qualified to
complete I-9s and must go through specific and bonded
processes to become registered as an immigration
consultant in the state. Inexperienced and untrained
notaries may feel compelled to attach their stamp or
seal, rather than signing Section 2. An unsigned Section 2
creates exposure for the employer, as the notary stamp is
not acceptable for completion of Section 2.
However, in the event that an employer decides to
designate trusted completers for Section 2, there are
some best practices to follow for remote completion of
Form I-9, including:
* Develop a network of trusted agents in key cities
suitable to your hiring needs and who will act as your
authorized representative.
* Ensure that you have advance warning of remote new
hires in order to meet the three-day rule for I-9 and
E-Verify, if the latter is applicable.
* Screen members of your network (and train if necessary)
to ensure they understand how the Form I-9 must be
completed when they are acting as your representative.
* Adopt electronic processing of the Form I-9 and E-Verify
to improve accuracy, efficiency, and consistency.
Electronic management also allows integration with
automated onboarding and talent management
systems.
* For employers who have automated their Form I-9
completion process, ensure that your designated
completers have secure access 24/7 to complete the
forms, and that the audit trail, verified signature
capture, and storage and retention are secure and
compliant.
* Prepare a standard operating procedure (SOP) for
completion of the Form I-9 and E-Verify. The SOP
should include instructions to both the authorized
representative and the new hire. The SOP demonstrates
reasonable steps to ensure compliance with immigration
laws.
As the remote workforce continues to grow, more
companies will find themselves challenged with hiring
and onboarding their employees in compliance with all
I-9 requirements. To ensure an effective and compliant
approach, it is necessary for employers to understand
their responsibilities regarding Form I-9 completion,
and how the process can be evolved to account for
their remote employees. By adopting the best practice
strategies, companies can onboard their newest hires
appropriately-regardless of where in the country the
new hires are located.
Angela Lockman is vice president of Equifax Workforce Solutions.
JULY/AUGUST 2015
| www.hrotoday.com
[45]
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HRO Today July/August 2015

Table of Contents for the Digital Edition of HRO Today July/August 2015

HRO Today July/August 2015 - 1
HRO Today July/August 2015 - 2
HRO Today July/August 2015 - 3
HRO Today July/August 2015 - 4
HRO Today July/August 2015 - 5
HRO Today July/August 2015 - 6
HRO Today July/August 2015 - 7
HRO Today July/August 2015 - 8
HRO Today July/August 2015 - 9
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HRO Today July/August 2015 - 11
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