• Skip to content
  • Skip to primary sidebar

Lathrop GPM

  • Team
  • Services
  • Sectors
  • Insights
  • Inclusion
Blogs

The Modern Workplace

Help! How Do I Complete the Form I-9 for a Remote Hire?

September 10, 2013
  • PDF

While making a presentation to clients yesterday, I was reminded of the practical and logistical problems many employers face when trying to complete the I-9 process for remote employees. One of my presentation hypotheticals involved a scenario in which a Minnesota company hired a California employee and wanted to complete Section 2 of the I-9 by having the new hire send scanned copies of her identification and employment authorization documents by email. Sounds like a logical and modern approach to I-9 completion, right? Unfortunately, it doesnt comply with I-9 requirements.

The new version of the Form I-9, released on March 8, 2013, and effective for all employers as of May 7, 2013, makes clear in the introduction to Section 2 that the employer must physically examine one document from List A or a combination of documents from Lists B and C. So, alas, reviewing copies of documents or a virtual examination of I-9 documentation using Skype or other video conferencing technology will not meet the requirements of law and are not a workable solution for employers who hire employees in remote locations.

Does that mean that the employer in my hypothetical has to buy a plane ticket and send its HR Director out to California to complete the I-9 process? The USCIS says the answer is no, but the solution it suggests isnt ideal. The M-274 Handbook for Employersconfirms that an employer can designate an agent to complete the I-9, including a foreman, personnel officer or a notary public acting on the employers behalf. If the employer does so, however, the Handbook also makes clear that the designated agent must not only review the new hires I-9 documentation, but must also sign Section 2 of the form for the employer. This has created a practical issue when employers have used notaries as their agents in other states. In some cases, notaries have refused to sign the Form I-9 on behalf of the employer, claiming that state regulations prevent them from doing so.

So, what other options are available for employers who hire remote employees? One option may be to consider enrolling in an electronic I-9 program with a service provider that offers a network of designated agents in various localities and can provide I-9 support. If an electronic I-9 program is not right for your business, you can consider asking a business contact in the state where the remote hire is based to act as your agent in reviewing the new employees documentation and filling out the Form I-9. Your legal counsel may also have contacts at a local law firm that can assist with the I-9 process.

Maybe someday USCIS will adapt the I-9 process to better meet the needs of an increasingly mobile workplace.  Until then, employers will need to comply with the somewhat old-fashioned requirement that I-9 documentation be reviewed in person.

Primary Sidebar

Sidebar content.

Stay up to date on the latest insights.

Subscribe
  • Terms of Use
  • Privacy Policy
  • Sitemap
  • 800.476.4224

© 2025 Lathrop GPM. All Rights Reserved. Attorney Advertising. Past results do not guarantee future results. Every case is different and should be judged on its own merits. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Lathrop GPM LLP, 2345 Grand Boulevard, Kansas City, MO 64108

Site by
We and our third-party partners use cookies and similar technologies on our website. Some cookies are strictly necessary for the website to function. We also use optional cookies to improve functionality and performance of the website, for analytics and to support our advertising operations. Certain advertising cookies will only be set with your consent. You can manage your cookie preferences through the “Cookie Settings” button. For more information, see our Privacy Policy.
Cookie Settings DeclineAccept
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
__cf_bm1 hourThis cookie, set by Cloudflare, is used to support Cloudflare Bot Management.
_cfuvidCalendly sets this cookie to track users across sessions to optimize user experience by maintaining session consistency and providing personalized services
algoliasearch-client-js1 yearNecessary in order to optimize the web site's search-bar function . The cookie ensures accurate and fast search results.
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
rc::aNever ExpiresThis cookie is set by the Google recaptcha service to identify bots to protect the website against malicious spam attacks.
rc::cThis cookie is set by the Google recaptcha service to identify bots to protect the website against malicious spam attacks.
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
CookieDurationDescription
ASPSESSIONIDQWBCSSBS1yearDescription is currently not available. Vuture is a third-party subscription tool used to send updates if you opt in to provide information to subscribe.
YSC1 yearYoutube sets this cookie to track the views of embedded videos on Youtube pages.
ytidb::LAST_RESULT_ENTRY_KEYNever ExpiresThe cookie ytidb::LAST_RESULT_ENTRY_KEY is used by YouTube to store the last search result entry that was clicked by the user. This information is used to improve the user experience by providing more relevant search results in the future.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
CookieDurationDescription
_ga1 yearRegisters a unique ID that is used to generate statistical data on how the visitor uses the web site.
_ga_#1 yearUsed by Google Analytics to collect data on the number of times a user has visited the web site as well as dates for the first and most recent visit.
vuid1 yearVimeo installs this cookie to collect tracking information by setting a unique ID to embed videos on the website.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
CookieDurationDescription
VISITOR_INFO1_LIVE6 monthsYouTube sets this cookie to measure bandwidth, determining whether the user gets the new or old player interface.
VISITOR_PRIVACY_METADATA6 monthsYouTube sets this cookie to store the user's cookie consent state for the current domain.
yt.innertube::nextId1 yearYouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen.
yt.innertube::requests1 yearYouTube sets this cookie to register a unique ID to store data on what videos from YouTube the user has seen.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
  • Team
  • Services
  • Sectors
  • Our Firm
  • Careers
  • Inclusion
  • Insights
  • Locations
  • Subscribe
  • Contact