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I-9 Reviews - Frequently Asked Questions


What happens when I discover that an employee is unauthorized to work?

It occasionally happens that as an employer you may learn that an employee whose documentation appeared to be in order for Form I-9 purposes is not actually authorized to work. In such a case, you should question the employee and provide another opportunity for review of proper Form I-9 documentation. If the employee is unable under such circumstances to provide satisfactory documentation, employment should be discontinued.

Note: Foreign national employees who question the employer’s determination may be referred to an Immigration field office for assistance.


What are I-9 Review requirements for new owners of existing businesses?

In case you are a new owner of a business as a ‘successor in interest’, having acquired an existing business, you may keep the acquired employer’s I-9 records rather than complete new Forms I-9 on employees who were also employees of the acquired employer. However, since you would be responsible for any errors, omissions or deficiencies in the acquired records, you may choose to protect yourself by having a new Form I-9 completed for each acquired non-exempt employee and attached to that employee’s original Form I-9.

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What are Form I-9 requirements for remote hires?

In case you have hired a new employee who doesn’t physically come to the office to complete the paperwork, you may designate agents to carry out your I-9 responsibilities. Agents may include notaries public, accountant, attorneys, personnel officers, foremen etc. You should choose an agent cautiously, since you will be held responsible for the actions of the agent.

Note: Employers should not carry out I-9 responsibilities by means of documents faxed by a new employee or through identifying numbers appearing on acceptable documents. The employer must review original documents. Likewise, Forms I-9 should not be mailed to a new employee to complete Section 2.

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