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Per the Immigration Reform and Control Act (IRCA), US employers have been required to establish the employment eligibility of all employees hired since November 1986. In recent years, the federal government has come to enforce employment eligibility verification procedures with increasing zeal. This has resulted not only in increased I-9 audits, but also raids in the workplace, and increasing pressure upon employers to enroll in the E-Verify database system.
Complicating matters, the I-9 form is itself deceptively simple. Even the most well-intentioned HR personnel can commit technical errors when completing the I-9 form. If discovered upon government audit, such “paperwork” errors can result in fines of over $1000 per I-9 form, even where the employee completing the I-9 form is a US worker.
Fortunately, recent rules allowing for electronic completion and storage of the form I-9 make it easier for outside immigration counsel to help companies ensure that its I-9s are properly completed, securely stored, and timely purged. With our advanced web-deployed technologies, we can now integrate both I-9 completion and E-Verify review in one simple software solution.
Jackson & Hertogs has decades of experience helping companies develop and maintain their I-9 compliance programs. We offer a wide range of I-9 services, including
- educational webinars on I-9 compliance techniques
- customized I-9 program creation and maintenance
- internal reviews of existing I-9 files and procedures, followed by detailed recommendations for training HR personnel
- assistance with government audits of I-9 files
- electronic storage of existing I-9 files
- fully outsourced I-9 completion and storage
- assistance with responding to SSA “no-match” letters, which can be a precursor to a wider I-9 audit
- Why would employers outsource its I-9 processes?
When conducting internal audits of Forms I-9 for our clients, we have found that “technical” errors (also known as “paperwork violations”) are frequent. During government I-9 audits even technical errors on Form I-9 will result in substantial penalties being imposed on employers, even if the employee was lawfully authorized to work in the United States , and even if the I-9 is connected to a US citizen.
By using an outsourced I-9 solution to an immigration law firm, your company can limit the risk of an employee making technical (or worse, substantive) I-9 errors. This is because we can instantly review Forms I-9 for accuracy, and either perform corrections, or provide direction you company how to correct I-9 errors. In addition, we can run and analyze regular I-9 reports which function as internal audits. Finally, we can analyze how I-9s are being performed throughout your company, advising on corrective action for any systemic problems we might identify.
Regardless of whether the employer uses an immigration firm to complete the Form I-9, there are advantages to utilizing more sophisticated electronic I-9 software, include the following internal online tools that work in real time to:
- help spot data entry errors (such as failing to complete necessary fields, or requesting excessive information),
- provide data to identify I-9 errors that require correction, and
- include “reminder” functions for reverification of I-9s as needed.
An electronic I-9 process can also facilitate data sharing with the Department of Homeland Security's (DHS) E-Verify system, which is used to verify the employment authorization of new hires.
- Why is integration of I-9 software solutions with E-Verify important?
The E-Verify program is a DHS system deployed over the Internet that is designed to provide electronic verification of the employment authorization of hires. The E-Verify system checks both the Social Security Administration's and the DHS' databases to confirm the employment authorization of new hires and in cases of initial non-verification, can involve significantly more HR time to complete the employment verification process. As worksite enforcement actions have become more common, employers have enrolled in E-Verify as a preventative measure to limit the risk that they have employed an unauthorized worker. State and local legislation has also fueled the growth of E-Verify enrollment, as certain states have required either all employers or certain state contractors to enroll in E-Verify.
In June 2008, the President signed an Executive Order requiring most federal contractors to enroll in the E-Verify program as a condition for federal contracts. In addition to using E-Verify to confirm employment authorization for all new hires, federal contractors would be required to re-verify existing hires who would work on a federal contract. This requirement is not yet in effect but proposed regulations to enforce this executive order have been published for review and comment. A final rule requiring federal contractors to use E-Verify may be published and go into effect in the next fiscal year. If the federal contractor rule is implemented, your company may be required to enroll in E-Verify.
If and when your company should enroll in E-Verify, the company must obtain E-Verify clearance only for all new hires. E-Verify processing would need to be incorporated into your new hire intake process along with completion of Forms I-9. However, a new federal rule on federal contractors will likely require all companies with federal contracts to use E-Verify so as to re-review the employment authorization of all existing employees working under a covered federal contract. Your company can prepare for an easier transition by converting to electronic I-9s, using an outsourced I-9 provider that includes an authorized agent for E-Verify. This would avoid duplicate data entry and reduce risk of E-Verify errors.
- How could Jackson & Hertogs support an outsourced I-9 process for your company?
Jackson & Hertogs offers different customized models of support, depending upon your company's individual needs. For example, your company can complete an initial I-9 for every new hire, using our software solution. Should a question arise regarding, for example, the validity of an esoteric document used for I-9 compliance, your HR staff can escalate that question to one of our attorneys, simply by clicking a button in the I-9 software. This would expedite the resolution of I-9 questions and problems.
Jackson & Hertogs can also track I-9s requiring reverification, a common occurrence with foreign personnel. We will follow up with employees to obtain or present the required documents to ensure continuous employment authorization. Having Jackson & Hertogs assist with the last necessary step of I-9 verification or reverification is a logical extension of our existing immigration services.
Most importantly, if your company enrolls in E-Verify, either by choice or to comply with new federal regulations, Jackson & Hertogs could directly manage all E-Verify submissions through our I-9 software. If re-verification of an existing hire is required through E-Verify, we could manage the I-9 and E-Verify check for those employees as well.
We look forward to scheduling a demonstration of how our I-9 software and solutions can work for your company. |
