Can HR Managers Complete I-9 Forms on Behalf of Employers?

Completing the I-9 form is one of the most critical steps during the employee onboarding process. Despite the seemingly simple nature of the form, failing to fill it in properly could ultimately cost the business large sums of money. The federal government takes the requirement to verify employment eligibility very seriously and may periodically perform an I-9 audit to confirm that you’ve followed the law.

To ensure that a candidate you’ve hired has the legal authorization to work in the United States, the I-9 requires employers to inspect documents with the candidate in the room. These documents can range from passports to birth certificates, driver’s licenses, immigration papers and more. You must verify to the best of your ability that you believe these documents are true and correct.

There’s just one problem: for an employer, this process can be very time-consuming and resource-intensive. Imagine a business conducting a seasonal hiring sprint and onboarding dozens or even hundreds of new employees, all of whom must complete an I-9. That’s a hefty burden for the main agents of a company’s management.

Can your human resources team take over this task instead? There’s good news: the law that created the I-9 includes provisions for authorizing others to inspect documents and verify forms on your behalf. Let’s discuss how that works.

What is an authorized representative?

I-9 procedures allow you to designate an authorized representative, which means a person you’ve chosen to handle filling out the employer section of the form. Authorized representatives complete forms by inserting your business name, its location, and the relevant contact information. They also inspect and examine the documents provided to prove employment eligibility as you would. Authorized reps further sign the I-9 in your stead.

Note that even though your representative signs the form that states falsifying information constitutes perjury, your business remains directly liable for the form’s accuracy. Even if an authorized representative engages in bad behavior when executing their task, your business will face the consequences. That risk is why you should always choose your representatives with care.

Who can be an authorized representative?

You can authorize virtually anyone to be your representative in I-9 matters. The only exception is that individuals cannot process and verify their own I-9 due to a conflict of interest. Otherwise, you have extensive freedom to make your own decisions. Such flexibility makes it much easier to create a faster, more reliable process for verifying employment eligibility.

For example, this rule ensures you can easily appoint one or more individuals in HR to handle the process. As onboarding is already an HR duty, you won’t need to continuously interrupt key stakeholders out of their offices to inspect documents. An HR team member managing the process can do so instead.

A representative need not even be an employee of your business. Even a member of the general public could carry out this task if you so desired. This allowance creates adaptability in scenarios where you may need to process a remote I-9. For example, you could designate a trusted notary public near a candidate to verify the form.

How do you designate a representative?

There is no formal process for designating an authorized representative. Indeed, there is no paperwork required to do so. You may simply choose the individuals on your HR team that you wish to process I-9 forms during onboarding—it’s that simple. With that said, you should prioritize selecting an individual whom you trust. Remember, your company is ultimately liable for maintaining accurate I-9s.

Solutions for the I-9 for remote workers

New rules rolled out in 2023 have created a pathway for companies to simplify I-9 collection from remote employees. Those in good standing with the E-Verify program may use an authorized representative to conduct a video verification of documents as needed. However, employers may also consider designating a local representative, such as a notary, ensuring a physical inspection of the papers does occur. With forgeries growing more sophisticated, it is essential to be diligent in this process.

The pros and cons of using an authorized representative

Transferring I-9 responsibilities to HR makes sense from the perspective of lightening executive workloads to ensure the focus remains on high-value tasks. However, it does come with some risks. What are the pros and cons to know?

On the plus side, an authorized representative:

• Gives your business great flexibility when you have multiple hiring sites.
• Lets you entrust the process to proven employees or trusted public servants.
• Saves you time and helps you meet the three business day requirement for I-9 completion.

However, there could be some downsides, such as:

• More challenges surrounding data security and protecting candidate information.
• The liability for inaccurate or improper forms remains with your business.

Managing access to completed I-9 forms should be a priority for your business as this paperwork contains a wealth of personal information, such as Social Security numbers. Once completed, these forms should go into secure filing systems. Allow access only for making corrections or amendments to forms or in the event of a government audit. Otherwise, you could risk putting someone in danger of identity theft. These threats also explain why you should choose representatives carefully.

Creating an I-9 workflow that makes sense for your business

Whether you maintain a strictly paper-based process or use an electronic I-9, the document inspection process still requires you to have some direct involvement. Inspecting documents in person or via remote video link under the new post-COVID rules for E-Verify system users is also an option—but having high-level positions in the business inspecting each new hire’s documentation is often untenable outside of the smallest companies.

Using a trustworthy authorized representative (or several), you can confirm I-9 form compliance without sacrificing speed in the onboarding process. Besides, you can often complete these necessary steps faster and more reliably when you designate representatives who understand the gravity of the process. Explore your options today.