Best Practices for Electronic I-9 Solutions

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1 Best Practices for Electronic I-9 Solutions

2 Best Practices for Electronic I-9 Solutions T he Form I-9 is a complex document that can lead to expensive fines, and in some cases imprisonment if not completed correctly. The need for compliance on Employment Eligibility Verification processes is crucial. It is also time consuming to collect and store Form I-9s, monitor for compliance and keep up with expiring documents for each employee. With the right electronic I-9 solution, Form I-9s completed in multiple branches are digitally stored with a one-time data entry process. Staffing professionals can have peace of mind that each I-9 document is accessible if the company becomes subject to an audit. Ideally, the electronic system ensures consistent compliance regardless of who fills out the I-9 form in any branch location. A significant benefit of an electronic I-9 solution is the ease of submitting Form I-9s to the US Citizenship and Immigration Services (USCIS) web-based E-Verify program. By importing Form I-9 data into a certified E-Verify Designated Agent, authorizing employees for work is faster and easier than ever before. Your attorney specializing in I-9 documentation should be consulted relating to your company s specific hiring processes. The following information are some general best practices when considering an electronic I-9 solution and should not be taken as legal advice. System Logic to Ensure Compliance The easiest way to consistently stay complaint on all Form I-9s is to ensure that they are always filled out correctly. But how is that possible with staff spread out among multiple branches and might enter in typos, wrong dates or forget to fill out specific fields? If your system s I-9 technology has the right logic in place, you can have peace of mind knowing that forms are not submitted unless all the correct data is entered. Electronic Form I-9s should allow for alerts when entered data does not match or if a typo is detected. Inputting data on identification documents for employees is a common way system logic ensures compliance. On Section 2 of an electronic Form I-9, employer representatives select presented documents from a drop-down menu then provide needed information in the corresponding data fields. A common example is selecting a Driver s License for the document type, then required fields such as issuing state, expiration date and ID number appear. Moving forward is prevented until the user Page 2

3 enters the data and repeats the process for List C Document type. Because of these workflows with system logic technology, staying compliant requires less effort without the need to frequently check Form I-9s for errors. Electronic I-9 Storage The USCIS has guidelines in place for acceptable electronic I-9 storage practices that must be followed. When analyzing electronic I-9 solutions, be sure the integration in review meets the necessary requirements: Measures in place to ensure documents cannot be tampered with. Documents must show an audit trail for every detailed action per electronic Form I-9. System must have a regular inspection to ensure quality control and that USCIS storage guidelines are constantly met. Benefit of Electronic Storage of I-9 Forms: Storage of electronic I-9 documents allow for immediate access to forms during a government audit. Data must be legible, readable and also accessible on-demand. An added benefit of electronically stored Form I-9s is the capability of fast compilation of needed documents. This is especially useful when a staffing agency receives a notice of inspection and has three days to turn in requested Form I-9s to an auditor. Electronic Signature When it comes to methods of electronic signatures on digital Form I-9s, there is no specific list of acceptable ways to capture the signatures. However, there are requirements on how the system includes a method for the signer to acknowledge that the attestation to be signed has been read by the employee. The system must also record a time stamp of when the signature was applied and method to identify the signer. Alerts If your organization utilizes E-Verify to authorize employees for work, an ideal situation would be to have it integrated with your electronic I-9 solution for streamlined case submission for a fast employment verification process. However, not all E-Verify cases are quickly validated and closed. In the event of a pending E-Verify case, you want your employer representative to be immediately alerted of a changing status, rather than having to repeatedly check on progress in the midst of other important tasks. By having an electronic I-9 solution with notifications, your staff will save time and the hassle of constantly checking if an employee is ready to go to work. Another important benefit of alerts for electronic I-9 storage is highlighting upcoming expiration dates on employees identification documents. With enough advanced notice, employer representatives can easily take action proactively to maintain compliance. Legal Advice In general, it s good practice to have access to resources with deep knowledge in the ever-changing I-9, E-Verify, immigration policies and laws. In some cases, your staff might come across special circumstances that they are unsure of how to handle. Or if Page 3

4 your company is selected for an audit, you might have questions on what you can, and cannot do to existing documents. Some electronic I-9 solutions offer their legal counsel as a resource to customers if there is ever a need for specialized consultations. ATS Integration Tip: Select an electronic I-9 solution that effortlessly integrates with your ATS software and doesn t require maintenance updates from your staff. You might have found an electronic I-9 solution with all the functionality you need, but there are a few things to consider in how it interacts with your company s ATS software. Since completing the Form I-9 is often part of the onboarding process for new employees, it makes sense to have an electronic I-9 solution included with your onboarding package. This makes it more convenient for your staff to facilitate an efficient onboarding process while staying compliant and organized. By keeping your I-9 functionality and other onboarding tasks in a centralized location, processes are streamlined saving your staff time and the hassle of having to access multiple screens. Because the hiring eligibility process is critically important in compliance, you will want to make sure that incorporating the electronic I-9 solution is a simple and easy integration, the less action required of your ATS software s administrator the better. Lastly, be sure to consider the maintenance required on your I-9 solution. Are updated Form I-9s automatically applied to your electronic solution? Will the vendor update E- Verify releases to stay compatible with your ATS software? These are the types of services you ll want included with your electronic I-9 system to increase efficiency for your staff and reduce error messages during normal business operations. Summary An electronic I-9 solution not only saves your staff time and administrative work, but it can also greatly reduce your staffing agency s risk of exposure to costly fines from government audits. Functionality like system logic, alerts, and electronic storage can make staying compliant simple. Other benefits such as access to legal advice and an easy way to obtain Form I-9s in the event of an audit, will give you peace of mind everything is accessible to you on-demand. A simple integration process without ongoing maintenance required from your staff can only make everyone s lives easier. Employment eligibility documentation is a small part of your staffing agency s onboarding process, but can have the biggest impact if small details on a Form I-9 are incorrect. With the right electronic I-9 solution, you can rest assured that every effort has been made to keep your company compliant. Page 4

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