Robal's Remote I-9
How Does Robal Resolve The I-9 Conundrum?
- If an electronic system was used the first time, you can
completely do a new I-9. - Employers will utilize an email or text to give new
employees access to Robal. - Once in the system, employees are guided through a
question and answer process to fill out the I-9. - The employee will upload copies of their identification(s) to the system
- Once completed; the I-9 will generate for signature by the employee.
- The employee will be asked to identify a person that can physically review their documents and the system will send a link via text or email to that person
- That person will open the link, follow the prompts and
certify that the uploaded documents are what is in their hands. - Following this, they will be prompted to affirm, sign and complete the I-9.
- The completed I-9 will generate and go into the employees file (or API out if desired). It will also show on reporting that it is completed for HR.
Setup A Call To Learn More About Robal's Electronic I-9
FAQs About New I-9 Policies
FAQ: End of ICE COVID-19 Flexibilities
If employee separates before physical inspection, explain in the “Additional Information” box on Form I-9 with date of separation.
If an employee’s in-person inspection documents differ from those submitted remotely due to a change in immigration status, their employer can either:
- Complete Section 2 on a new Form I-9 and attach it to the remote form, noting the change in status, or
- Provide document details for the new submission and note the change in status.
It is recommended to follow option 1.
An employer cannot retain an employee who the employer knows is not authorized to work in the United States or that does not fulfill Form I-9 documentary requirements. This includes presenting documentation for in-person physical examination. Employers are required to complete Form I-9 for all new hires, including the requirement to physically examine identity and work authorization documents.
ICE announced in October 2022 that the COVID-19 flexibilities would end on July 31, 2023, and reminded employers that they would, in the future, be required to inspect documents in person for employees whose documents were previously examined remotely. Employers have been able to, and continue to be able to, physically examine documents for these employees since the flexibilities were announced in March 2020. Employers must physically examine documents for those employees who were hired on or after March 20, 2020, and for whom the employer has, to date, only conducted a remote inspection consistent with the flexibilities first announced in March 2020. Employers will have 30 days after the end date of the flexibilities on July 31, 2023 – that is, until August 30, 2023.
Yes. Employers must physically examine documents for those employees who were hired on or after March 20, 2020, and for whom the employer has to date only conducted a remote inspection consistent with the flexibilities first announced in March 2020. Employers will have 30 days after the end date of the flexibilities on July 31, 2023 – that is, until August 30, 2023 – to complete in-person physical inspection.
Employers may choose to use an authorized representative to fill out their portion of the Form I-9 on their behalf. Authorized representatives may also complete the in-person inspection as needed.
USCIS has several examples online at https://www.uscis.gov/i-9-central/form-i-9-examples-related-to-temporary-covid-19-policies. Click on Figure 2 to see an example of how to document this on the Form I-9.
FAQ: Robal I-9
August 1st, 2023
FAQ: E-Verify
Due to COVID-19, employers and workplaces that are operating remotely have the option, on a temporary basis, to inspect Form I-9 documents remotely. Employers who choose the remote inspection option may inspect Section 2 documents over video link, fax, email, etc. Within three business days of the first day of employment, employers should obtain, remotely inspect, and retain copies of the identity and employment eligibility documents their employees provide to complete Section 2.
After they inspect the employee’s documents remotely and determine whether the documents reasonably appear to be genuine and relate to the employee, E-Verify participants should create an E-Verify case for the employee. They should still follow current guidance and create the E-Verify case for their new hire within three business days from the first day of employment. Employers must use the hire date from the employee’s Form I-9 when creating the E-Verify case. If case creation is delayed due to COVID-19 precautions, select “Other” from the drop-down list and enter “COVID-19” as the reason for the delay.
Employers must physically examine documents for those employees who were hired on or after March 20, 2020, and for whom the employer has, to date, only conducted a remote inspection consistent with the flexibilities first announced in March 2020. Employers will have 30 days after the end date of the flexibilities on July 31, 2023 – that is, until August 30, 2023 – to complete in-person physical inspection. Employers should not create a new E-Verify case for this employee, nor should they update the existing E-Verify case, in connection with this physical inspection.
