How to Complete Form I-9 for a Remote Employee Using an Authorized Representative
When a remote employee can use an authorized representative
If your new hire will physically work in the United States, Form I-9 usually still applies even when the employee never visits one of your offices. USCIS allows employers to designate an authorized representative to complete Section 2 on the employer’s behalf. For many remote hires, this is the most practical way to stay compliant when there is no company manager available to inspect documents in person.
An authorized representative can be almost any adult you designate, hire, or contract with, including a local manager, HR vendor, attorney, or notary public. The employee cannot act as their own representative. If you use a notary, that person is acting as your representative, not as a notary, so the form should not be notarized and no notary seal should be placed on Form I-9.
The biggest point to remember is liability. Even when someone else inspects the documents and signs Section 2, the employer remains responsible for errors, missed deadlines, and improper verification. This guide is educational, not legal advice, and is best used for standard hires rather than unusual cases such as receipts, automatic extensions, or reverification.
Authorized representative vs. DHS remote examination
These are related but different processes, and employers often mix them up.
| Option | Who can use it | How documents are reviewed | Key compliance point |
|---|---|---|---|
| Authorized representative | Any employer that needs someone local to act on its behalf | The representative physically examines original documents in the employee's presence | The employer is still liable for mistakes |
| DHS alternative remote examination | E-Verify employers in good standing at eligible hiring sites | The employee sends copies first and then shows the same documents during a live video interaction | The employer must follow the alternative procedure rules and retain clear copies |
How to complete Form I-9 for a remote employee
Confirm the hire requires Form I-9 and start the clock
Form I-9 applies to employees who will physically work in the United States or its territories. If the worker will perform all services outside the United States, Form I-9 generally does not apply. For covered hires, use the current USCIS edition of Form I-9 and the current Lists of Acceptable Documents. Section 1 must be completed no later than the employee's first day of work for pay, and Section 2 must be completed within three business days of that date. If the job will last fewer than three business days, both sections must be completed no later than day one.-
Have the employee complete Section 1 correctly
After the offer is accepted, the employee completes Section 1. Make sure the employee enters their full legal name, address, date of birth, citizenship or immigration status attestation, and signature. If the employee uses a preparer or translator, that part must also be completed. Before the authorized representative handles Section 2, the employer should confirm Section 1 is complete and internally consistent.-
Choose and brief the authorized representative
Pick someone reliable who can meet the employee locally. Send that person clear written instructions, the employee's start date, the employer's legal name and physical address, the current Form I-9, and the Lists of Acceptable Documents. Tell the representative that they are inspecting documents on the employer's behalf, not making a casual identity check. They should know that the employee must choose which acceptable documents to present and that they must not coach the employee toward a passport, green card, or any other specific document.-
Inspect the documents the right way
The authorized representative should meet the employee and examine the documents in the employee's physical presence. For the standard authorized representative method, copies alone are not enough. The representative should review only original, unexpired documents, except for a certified copy of a birth certificate when that document is acceptable for Form I-9 purposes.
Complete Section 2 within the deadline
Section 2 should be filled out on the actual date the documents were examined. The representative records the document title, issuing authority, document number, and expiration date exactly as shown on the documents. They also enter the employee's first day of employment, sign and date Section 2, and provide their name and title as the person acting for the employer. Make sure the employer information is accurate and uses a physical address rather than a P.O. box.-
Review, retain, and complete any follow-up steps
Once the signed form is returned, the employer should review it immediately for missing fields, date issues, or document mismatches. If corrections are needed, follow USCIS correction rules rather than rewriting the form casually. Store the completed Form I-9 according to your retention process. Employers generally must keep Form I-9 for three years after the date of hire or one year after employment ends, whichever is later. If you copy employee documents as part of your policy, do so consistently for all hires. If you use E-Verify, create the case after the Form I-9 is completed and avoid requesting any extra documents for that purpose.Document verification checklist
- Confirm the employee completed Section 1 by the first day of work for pay.
- Verify that the employee chose the document set, not the employer or representative.
- Inspect original and unexpired documents for the standard authorized representative process.
- Record the document details exactly as they appear.
- Sign Section 2 on the date the documents were actually examined.
- Retain the completed form for the required period and apply any document-copying policy consistently.
Common mistakes to avoid
- Letting the employee fill out or sign Section 2 for themselves.
- Using emailed scans or phone photos instead of in-person inspection when relying on an authorized representative.
- Asking for a specific document, such as a U.S. passport or Permanent Resident Card.
- Assuming a notary stamp makes the form compliant.
- Missing the three-business-day deadline for Section 2.
- Failing to review the returned form before filing it away.
FAQ
Can a notary public act as an authorized representative for Form I-9?
Yes. USCIS allows a notary public to act as the employer’s authorized representative. In that role, the person is not performing a notarization, so they should not place a notary seal on Form I-9 unless a separate state-law service is being performed outside the I-9 itself.
Do I need E-Verify to use an authorized representative?
No. Any employer may use an authorized representative to complete Section 2 on its behalf. E-Verify becomes important only if the employer wants to use DHS’s optional alternative procedure for remote document examination instead of having someone inspect original documents in person.
Can the employee just email copies of their documents to the employer?
Not for the standard authorized representative method. The representative should physically inspect the original documents in the employee’s presence. Copies plus live video are part of a different process that is limited to eligible E-Verify employers using the DHS alternative remote examination procedure.
For edge cases, always compare your process with the latest USCIS Form I-9 instructions and the M-274 Handbook for Employers before onboarding begins.