Q How do I validate abstracts submitted by alien workers to accede with the Anatomy I-9 requirements? Can I ysis the abstracts electronically or verify them via Skype or FaceTime?
A With the accepted billow in clearing administration in the U.S., abounding administration are appropriately anxious about I-9 audits and compliance. Unfortunately, there are no exceptions to the claim for administration to audit and verify, in person, the actuality of application accommodation abstracts presented by an abettor pursuant to USCIS Anatomy I-9.
Within three business canicule of the date application begins, the abettor charge present one or added of the condoning allotment abstracts from the List of Adequate Abstracts on the Anatomy I-9 to authorize the employee’s character and application authorization. According to the U.S. Citizenship and Clearing Casework (USCIS), the document(s) charge be physically advised by the being commutual Section 2 of Anatomy I-9 on account of the employer. The abettor charge additionally be physically present with the certificate examiner during this process. Analysis of the actuality of abstracts submitted by advisers pursuant to I-9 requirements cannot be able via webcam or by examination cyberbanking copies of ysis documents.
An employer with alien advisers can baptize an accustomed adumbrative or abettor to physically ysis the abstracts submitted by advisers and complete Section 2 of the Anatomy I-9, alike if that adumbrative is not an abettor of the hiring employer. USCIS admonition states that administration can baptize or arrangement with “someone such as a cadre officer, foreman, agent, or anyone abroad acting on (the employer’s) behalf, including a agent public” to serve in this role, accountable to restrictions explained below. If an accustomed adumbrative is acceptance abettor abstracts and commutual Anatomy I-9s on the employer’s behalf, the employer charge ensure that the accustomed adumbrative carries out abounding Anatomy I-9 responsibilities. It is not adequate for the adumbrative to physically appraise the employee’s application allotment and character documents, and leave Anatomy I-9 Section 2 for the employer to complete. Administration are ultimately accountable for any violations in affiliation with the I-9 anatomy or the ysis process.
USCIS does not crave the accustomed adumbrative to accept specific abilities or a accounting acceding to serve as a adumbrative of the employer; however, it is advisable to accept a accounting acceding with the adumbrative and accomplish abiding the adumbrative you accept for this assignment is actual accustomed with the I-9 process.
Not surprisingly, administration who appoint in the accompaniment of California accept added restrictions. California law currently prohibits a agent accessible from commutual Anatomy I-9 as an employer’s accustomed representative, unless that agent is additionally able and affirmed as an clearing consultant. This brake is allotment of California lawmakers’ efforts to assure the immigrant association adjoin artifice by akin clearing casework that can be offered by notaries and added non-attorneys. Administration should alone appoint a agent accessible to serve as their accustomed adumbrative if that agent has acceptable acquaintance with I-9 verification. There is no claim for Anatomy I-9 to be notarized. Notaries who serve as accustomed assembly should not affix their seals to the I-9 because they are not acting in their official accommodation as notaries public.
Regardless of whether your advisers assignment accidentally or onsite, I-9 acquiescence is capital to abstain liability. For added information, you can admission the Handbook for Administration (Form M-274) at www.uscis.gov/sites/default/files/files/form/m-274.pdf and acquisition added admonition at www.uscis.gov/i-9-central.
Sara Boyns is a advocate with Fenton & Keller in Monterey. This cavalcade is advised to acknowledgment questions of accepted absorption and should not be construed as acknowledged advice. Mail queries to “Workplace Law,” c/o The Monterey Herald, Box 271, Monterey 93942 or to [email protected]
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