Where are the Electronic I-9s Going? (Hint, They Are Not Going Private).
- Mira Mdivani, Mdivani Business Immigration Lawyer
- Oct 30, 2024
- 2 min read
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, or at least 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 keep a paper version of the I-9 and documents recorded on it, may use and 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-9 and producing the I-9s 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 to produce and keep I-9s in the digital form. Many of our clients are digitalizing older paper I-9 records in house and are looking for a system to either produce electronic I-9s in house or outsource them to a vendor.
How E-Verify+ Works
USCIS has posted a description of how E-Verify + for I-9s works. It is all online. It is 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, electronic I-9s do not replace I-9 compliance. Employers should continue treat 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 (aka 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.
We recommend taking training to ensure compliance and stay up-to-date on changes to the I-9. https://www.usimmigrationcompliance.com/get-certified
Business Immigration Lawyer
For H-1B, TN, or Employer-Driven Green Card training, explore training at Corporate Immigration Compliance Institute
