I-9 Compliance and Remote Employees: The challenges of physical presence and notaries

John Nahajzer, immigration attorney
John Nahajzer, immigration attorney

MK Managing Shareholder John Nahajzer’s article “I-9 Compliance and Remote Employees: Physical Presence or Notaries?” has been featured in Business and Legal Reports HR Daily Advisor.

The concept of a “virtual team” is not yet contemplated by the Form I-9 process, which still requires that the employee be physically present at the time his or her documents are reviewed by the employer (or the employer’s “Authorized Representative”). So how do you handle remote employees? Click here to read more

UPDATE: It is important to note that the State of California determined in 2014 the Form I-9 is an “Immigration Form” and therefore in accordance with their existing rules, Notaries, who are not registered Immigration Consultants, may not complete the Form I-9 on behalf of an employer, even when not acting in their capacity as a notary. This is an interesting determination considering that anyone else could complete the Form I-9 on behalf of the employer, as long as they did not also happen to be a notary.