Texas First Hire

How to Hire Remote Employees

By Jeremy Kenerson, Founder and CEO at DeskTeam360

Last updated . Every number on this page was checked October 2, 2026.

How to hire remote employees in the US: follow the same steps as for any employee, and sort out three extra things. The first is the state where the person works, because federal law says to report the hire there. The second is Form I-9, which is still required and has a 3-business-day deadline for Section 2. The third is status: the IRS says a remote worker is your employee if you can control what will be done and how it will be done.

This page is a plain reading of the rules. It isn't legal or tax advice.

How do you hire a remote employee?

You hire a remote employee in six steps: write the job, find and choose the person, check the worker's status, complete Form I-9 on time, report the new hire, and set up the first day.

  1. Write the job, and say where the person can live. The state they work in is where you report the hire.
  2. Find and choose the person. For finding and choosing the person, see how to hire employees.
  3. Check the worker's status. Working remotely doesn't settle it. The IRS has a line on remote workers, and it's covered below.
  4. Complete Form I-9 on time. The deadline and the remote document check are covered below.
  5. Report the new hire. Federal law gives you 20 days, and the report goes to the state where the employee works. Some states want it sooner.
  6. Set up the first day before it comes. The list is at the end of this page.

The forms and deadlines for every employee, with the Texas office for each one, are in the first-hire steps. For a part-time hire, see how to hire part time employees.

Which state's rules cover a remote employee?

The state where a remote employee works is the place to start. Federal law says to report each new hire within 20 days, to the state where the new employee works.

Table: A remote employee who works in Texas next to one who works in another state. Sources: the federal new hire reporting page, the Texas Attorney General, the Texas Workforce Commission, the Texas Labor Code and the Texas Constitution, read October 2, 2026.
If the employee works in Texas If the employee works in another state
New hire report It goes to the Texas Attorney General's office. The deadline is 20 calendar days from the date the employee starts earning wages Federal law says it goes to the state where the employee works, within 20 days of hire. The federal page adds that some states require it sooner
Unemployment tax Texas unemployment law covers work that's localized in Texas. Once the tax is owed, an employer has ten days to register with the Texas Workforce Commission A remote employee who lives in another state may fall under that state's rules. Check with that state's workforce agency
State income tax Texas has none on people, so there's none to withhold No rule is given here. Ask that state

This page names no rule for any state but Texas. No official page read for this site says in plain words which state's rules cover a remote worker, so check with the other state. The Texas steps, with each office and deadline, are in the first-hire steps.

Table: What else changes when the employee is remote. Sources: E-Verify, USCIS and the IRS, read October 2, 2026.
What changes What the source says Where it comes from
Form I-9 Still required, with the same 3-business-day deadline for Section 2 E-Verify and USCIS
Checking the documents An employer in E-Verify in good standing may check them remotely, with a live video call USCIS
Employee or contractor A remote worker is your employee if you can control what will be done and how it will be done IRS

This page covers a remote employee inside the US. For a person outside the US, see hire overseas workers.

A remote hire is one person you manage from a distance. An outside team is set up another way. At DeskTeam360, the company that runs this site, a North American account manager takes each task, hands it out and checks the result. The people on your work stay the same from month to month.

Book a call

The button opens DeskTeam360's Book a Call page.

How do you complete Form I-9 for a remote hire?

You complete Form I-9 for a remote hire on the same clock as for any hire: Section 2 within 3 business days of the first day of work for pay. USCIS says an employer that takes part in E-Verify in good standing may check the documents remotely.

The clock. You or your authorized representative must complete and sign Section 2 of Form I-9 within 3 business days of the employee's first day of work for pay.

The remote check. An employer that takes part in E-Verify in good standing may check a new hire's Form I-9 documents remotely. USCIS lists these steps:

  1. Look at copies of the documents.
  2. Hold a live video call where the person shows the same documents.
  3. Keep clear copies of the documents.

USCIS adds one condition. If you offer the remote check to new employees at an E-Verify hiring site, you must do so "consistently for all employees at that site". You may offer it to remote hires only and keep checking documents in person for people who work onsite or in a hybrid role, as long as you don't do that for a discriminatory purpose.

Form I-9 itself is required. The federal E-Verify page says E-Verify is voluntary for most employers. If you aren't in E-Verify, note the words USCIS uses: "you or your authorized representative". Ask an employment lawyer who can act for you.

Is a remote worker an employee or a contractor?

The IRS says a person who works remotely is your employee under the common-law rules if you can control what will be done and how it will be done. Working from another place doesn't change that. The IRS says it's so even if the worker can choose to work remotely, and that what matters is your right to control the details of how the services are performed.

The IRS and the Texas Workforce Commission each have a test for who counts as a contractor. Both tests are covered in independent contractor vs employee.

Not legal or tax advice. Ask your accountant.

What should you set up before a remote employee's first day?

Before a remote employee's first day, set up the tools, the first week's work and the Form I-9 plan. A remote hire can't walk over and ask, so put each item in writing.

  • Equipment. The computer and software the person will use, or a list of what they need to bring.
  • Logins. An account for each tool, in the business's name, with a login for that person only.
  • The first week. A short list of tasks, with what "done" looks like for each one.
  • Who to ask. One person for questions, and the hours you expect the new hire to be reachable.
  • How work gets reviewed. Where the person hands work in, and when you'll look at it.
  • The Form I-9 plan. Who will check the documents, and on which day, so Section 2 gets done inside its 3 business days.
  • Pay. The pay schedule, and how the person gets paid.

More on hiring an employee

If the remote role is production work, a call with DeskTeam360 shows whether a team fits it.

Book a call

The button opens DeskTeam360's Book a Call page.

Sources

All checked October 2, 2026.

This site isn't connected to the State of Texas or any government agency.

What changed

  • October 2, 2026: First version of this page.