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For years, I have been wondering when Department of Homeland Security would have employers file I-9s online on its own platform. Well, that moment is here: USCIS is now beginning to test its capacity to have millions of I-9 administered through the DHS's E-Verify platform by inviting employers to use E-Verify + for I-9 generation and storage.
Employers' I-9 Options Now
All U.S. employers must administer I-9 Employment Eligibility Verification Form on each worker hired after November 6, 1986. I-9 is a "simple" form with over 70 pages of instructions, with potential fines and even corporate and personal criminal liability for violations. Employers may retain either a paper version of the I-9 and the associated documents or save an electronic version on their server. Some employers digitize their I-9s in-house, while others use I-9 software by private vendors, including software embedded into suites of people management services. Many employers have a hodgepodge of an I-9 mix, with some I-9s in paper, some in digitized form, and some held by their electronic I-9 vendors. Managing I-9s and producing them to USCIS on a 3-day notice, as required by law, is a deer-in-the-headlights situation for many employers.
Where I-9s are Going: The Future is Digital
Without a doubt, the trend is shifting toward maintaining I-9 forms in a digital format. Many of our clients are in the process of digitizing older paper I-9 records in-house and are now seeking a solution to either generate electronic I-9s internally or outsource the process to a vendor.
How E-Verify+ Works
USCIS has posted a description of how E-Verify + for I-9s works. It is all online and free. The government will have all the I-9 information (which they have the right to see by law anyway).
What Should Employers Do
The first rule of I-9s is that electronic I-9s do not replace I-9 compliance. Employers should continue treating I-9 compliance seriously, follow ICE Best Employment Practices (minus the snitching part), train their I-9 Administrators annually, and conduct I-9 audits. When they are in compliance (all is checked on the ICE Best Practices list), employers may want to check out the new E-Verify+. It might save them financial recourses and deliver them from a major compliance headache.
Compliance training taught by corporate immigration lawyers can be found here: https://www.usimmigrationcompliance.com/get-certified
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NOT LEGAL ADVICE: This article is for educational purposes only. It is not legal advice that may be applicable to your situation.
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.
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