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This USCIS instruction says that:

Employers may designate an authorized representative to fill out Forms I-9 on behalf of their company, including personnel officers, foremen, agents or notary public.

On the other hand, the Employment Eligibility Verification consists of three sections. In Section 1, can an employee complete the I9 form remotely?

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I have experienced employers using web-based employee on-boarding processes where the employee fills out a form on a website like Zenefits or Gusto, instead of filling out the I-9 form. So yes, I think it is possible for the employee to complete Section 1 remotely.

However, the employer's representative must still physically examine the List A or List B and C documents in person for Section 2 (though an exception allows employers to examine documents remotely until August 19, 2020).

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  • What happens if they don't examine the document in person? I don't think my employer did; I just sent them a scan. Can they get in trouble if the employee is in fact authorized, or is it only a problem if the employee is unauthorized? – phoog Aug 28 at 12:58
  • @phoog: I think they can get in trouble if they didn't examine it, as in section 2 of the I-9 they attest under penalty of perjury that they examined it. They can have you send them a scan, but they would still need to have someone come and examine the documents in person. That is before COVID-19; during COVID-19, the in-person examination requirement is on hold. – user102008 Aug 28 at 18:35

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