Authored By: GryphonHR Blog Contributor
GryphonHR blog contributors include , consultants, researchers, and other subject-matter experts who’ve written content for our blog.
7 Things to Consider About Your Electronic I-9 Software
March 29, 2024
Share this article:
Whether you're deeply involved in various HR tasks or at the helm of an HR department, you're aware of the significance of modernizing and streamlining daunting employment processes. This includes leveraging solutions that help your team stay organized and compliant with employment laws. Adopting new HR technology can simplify complex procedures and requirements, especially digital solutions for Form I-9 compliance.
Transitioning to an electronic I-9 compliance system isn't just a nice addition—it's an essential step forward. This transformation has significantly changed how companies meet I-9 compliance regulations to ensure employees are legally authorized to work in the U.S. However, this change goes beyond merely replacing paper forms with digital versions. It's about enhancing the entire process, ensuring full compliance with changing legal requirements, and tailoring the system to fit the specific needs of your organization.
1. Making Compliance a Priority
When we talk about switching to electronic I-9 solutions, compliance isn’t just part of the conversation—it’s the headline act. There are several requirements for electronic I-9 systems, including digital signatures and storage, as outlined by U.S. Citizenship and Immigration Services (USCIS). The Department of Justice and USCIS released a joint fact sheet outlining critical aspects of avoiding discrimination when using I-9 software. The right solution doesn't just digitize forms; it encapsulates a deep understanding of Form I-9 regulations, ensuring that every digital signature, audit trail, and piece of stored data adheres to stringent legal standards. Credibility comes from a solution's ability to demonstrate not just functionality, but an embedded compliance framework designed to adapt to regulatory changes, the needs of your business, and advancements in technology and security.
2. Why Dedicated Electronic I-9 Systems Outperform All-in-one HR Management Solutions
You’ve probably seen those all-in-one platforms that promise to take care of every HR need under the sun, including electronic I-9. They sound great, right? The problem is their broad-brush approach tends to skim over the nitty-gritty details that are crucial for nailing I-9 compliance. These platforms might cover the basics, but they often lack the depth needed for diverse types of businesses, especially when it comes to tailoring the system to fit specific needs or making sure remote verifications are managed just right.
All-in-one HR platforms that aim to cover every HR need, including electronic I-9 compliance, can seem appealing because they offer a wide range of services in one package. However, when it comes to the specialized needs of Form I-9 compliance, these platforms often fall short. The complexity of ensuring that employees are legally authorized to work in the U.S. demands more than a generic approach. All-in-one systems offer a broad spectrum of services, which can lead to a superficial handling of complex compliance issues.
Exclusive Focus on Form I-9 Compliance
A dedicated electronic I-9 system outperforms an all-in-one solution due to its exclusive focus on compliance with I-9 regulations. These dedicated systems are designed to deal with the nuances of Form I-9, including document verification, audit trails, and keeping up with legal standards. This focus means organizations can support compliance more easily and with a lower risk of costly errors.
Better Customization Options
Dedicated I-9 solutions offer greater customization to meet an organization's unique needs. Unlike all-in-one solutions, which often adopt a one-size-fits-all approach, dedicated systems can be tailored to meet organizational structures or workforce configurations. This is crucial for businesses with unique requirements, such as those with many remote workers or high employee turnover.
Integrations for a Seamless I-9 Experience
Integration without sacrificing specialization is another key benefit of dedicated electronic I-9 systems. These systems are designed to work seamlessly with a company's existing HR software, payroll systems, and onboarding platforms, creating a streamlined workflow that doesn't compromise compliance depth. This allows HR departments to use their preferred tools for various tasks while relying on a specialized system for I-9 compliance.
Responsive Support from Your I-9 System Vendor
Another challenge that you may meet with all-in-one or bundled solutions is obtaining timely support when it's most needed. Limited resources dedicated to I-9 compliance can lead to frustration due to unresponsive support, further complicating the process for employers seeking to navigate I-9 compliance effectively.
Dedicated electronic I-9 systems are backed by providers with deep expertise in employment eligibility verification, as well as an understanding of how to best help your team and employees navigate Form I-9 and E-Verify. This experience is reflected in the I-9 software’s functionality in addition to a knowledgeable support team familiar with the nuances of I-9 compliance. You may find that support from all-in-one platforms lacks the depth needed to address complex I-9 issues effectively and promptly.
Adapting and Evolving I-9 Software Quickly to Meet Changing Regulations
Beyond the issue of slow support response, a major reason employers opt for a dedicated electronic I-9 system is that they are more agile with quickly updating features and compliance protocols in response to new regulations. All-in-one solutions, with their broader focus, might not be as quick to implement necessary changes, potentially leaving organizations at risk of falling out of compliance.
While all-in-one HR solutions offer the convenience of handling multiple functions within a single platform, the specialized requirements of Form I-9 compliance are better served by a primary electronic I-9 system provider. This approach ensures a higher level of compliance with less risk and provides the flexibility, customization, and expert support needed to effectively manage employment verification.
3. Key Factors for Remote I-9 Verification and Virtual Tools
The shift to remote work isn’t just changing where and how we do our jobs—it’s also changing how companies make sure their team members are legally allowed to work. With more people working from home and away from HR worksites, conducting I-9 verifications to complete Section 2 of Form I-9 shouldn’t be challenging. That’s where specialized I-9 solution providers come into play, making it easier for companies to stay on the right side of the law, no matter where their workers are based.
The alternative document verification procedure, now available for employers enrolled in E-Verify, introduces the capability for virtual verification of I-9 documents via live video conferencing. This process allows employers to remotely inspect work authorization and identification documents to complete Section 2 or for reverification. An advanced I-9 system not only streamlines this virtual process but also enhances the efficiency of in-person verifications for employers who need to verify documents with the employee physically present.
Flexibility With Authorized I-9 Representatives
Several providers enable the use of authorized I-9 representatives who can meet employees at a convenient location to review their documents and complete the I-9. However, flexibility in choosing verification options without incurring added fees or needing extra apps is not a service all I-9 vendors offer. All-in-one providers often find it challenging to offer a seamless workflow that easily facilitates the verification of I-9 documents and the management of Form I-9 for employees, regardless of whether they are on-site or remote. Additionally, these providers may struggle to stay compliant with changing regulations and might charge extra for remote I-9 management tools, treating them as add-ons to their electronic I-9 services.
4. Choosing an Electronic I-9 Solution to Meet All Your Needs: A Game Plan
Figuring out the best electronic I-9 solution for your business means taking a step back and looking at the big picture. What does your company need? How complex is your setup? Here’s how to tackle it:
1. Assess Your Needs: Start by getting a clear picture of what your organization looks like and what you are up against when it comes to employment verification processes.
2. Compliance is Key: Any electronic I-9 system you pick must meet USCIS standards for compliance, and it should be designed to adapt to changing regulations.
3. Customize to Fit: Make sure the system you go with can accommodate the unique needs and structure of your business.
4. Think Big Picture: Your business is not standing still, and your electronic I-9 system shouldn’t either. Choose a solution that can grow and evolve with you.
The journey to a more efficient, compliant, and remote-friendly electronic I-9 verification process is packed with challenges, from keeping up with regulations to making sure the system works for your specific business. While those all-in-one solutions might seem convenient, they often miss the mark when it comes to the specifics of I-9 compliance. That’s why platforms focused solely on compliance, like specialized I-9 solutions, are so valuable.
5. How to Make Switching HR Systems and I-9 Systems Easier
You might feel tethered to your existing HR tech stack, onboarding platform, or another HR system due to contract obligations or the daunting prospect of transitioning to a new system—from implementation and training to IT support, legal vetting, and establishing security protocols. However, adopting a superior I-9 solution doesn't have to be an ordeal. A proficient I-9 provider can streamline the transition, equipping you with the necessary tools and support to ensure your success. It is crucial to weigh the risks associated with sticking to cumbersome, non-compliant systems prone to errors. This is where GryphonHR comes into the picture, offering a seamless transition without the headaches. Our team of experts is adept at managing the complexities involved in such transitions. We specialize in aligning with your organization's unique requirements and teams, ensuring a smooth onboarding process. All it takes is your readiness to make the move.
6. There Are So Many Electronic I-9 Software Options. How Do I Choose?
Navigating through the sea of electronic I-9 solution providers can be overwhelming, right? Back in the day, choosing one may have seemed easier because there weren’t as many around. But now? It’s like a new I-9 company or product pops up every other day, each one promising the moon. And after a while, they all start to sound the same, making you wonder how you’re supposed to pick the right one.
So, how do you cut through the noise and choose? Well, it’s all about focusing on what truly matters to your organization. Look beyond the fancy features and flashy tech. Consider the provider's experience, customer support, and how well their solution adapts to your specific needs. Sometimes, it’s those subtle differences in service and support that make all the difference. And remember, a conversation with existing customers can reveal a world of insight.
7. Choosing an Electronic I-9 Solution
Selecting the ideal electronic I-9 solution is far from a minor task on your checklist—it's a pivotal move that primes your business for success. Why not start with our free interactive guide? No forms to fill — download "The Ultimate Electronic I-9 Evaluation Guide".
Thinking we might be nudging you a bit towards considering
GryphonHR for your I-9 needs? Well, you've got us there. Sure, this piece aims to shed light on the real issues surrounding I-9 compliance and the spectrum of solutions out there, but we're also hoping to help you cut through the clutter. We're not shy about it: we'd love for you to choose us. We're confident in our ability to offer an I-9 solution that both your team and your employees will appreciate, one that not only helps to ensure compliance with Form I-9 regulations but also enhances your overall experience. Still on the fence?
Reach out to us, ask your questions, and take a closer look at what our platform has to offer.
Recent Blog Articles
In today’s complex regulatory environment, employers must prioritize compliance with various labor and immigration laws, especially when it comes to verifying the identity and work eligibility of employees. The Form I-9, required by U.S. Citizenship and Immigration Services (USCIS), is a crucial document for ensuring that employers are hiring individuals who are authorized to work in the United States. Regular I-9 audits are essential to avoid costly penalties, ensure workforce compliance, and streamline the hiring process. 1. Understand the I-9 Requirements Before embarking on an I-9 audit, it’s important to have a thorough understanding of the requirements associated with the form. The Form I-9 must be completed for every employee hired after November 6, 1986, and must be retained for at least three years after the date of hire, or for one year after the employee’s employment is terminated—whichever is later. The form is divided into three sections: Section 1 : The employee’s personal information, including citizenship status. Section 2 : The employer’s verification of the employee’s documents to confirm work eligibility. Supplement B (formerly Section 3) : Used for reverification or rehires. The forms must be accurately completed, and the documentation provided by employees should be examined and verified. Incomplete or incorrect forms can lead to penalties. 2. Prepare for the Audit An I-9 audit begins with preparation. To ensure you conduct a smooth and effective audit, follow these steps: a. Review Existing Policies and Procedures Start by evaluating your current I-9 procedures. Ensure that your HR team or hiring managers are consistently following proper protocol for completing the forms. A clear, documented process for filling out I-9s and managing records is crucial. If you rely on paper forms, consider transitioning to an electronic I-9 solution, which streamlines data collection, reduces human error, and provides a centralized location for managing I-9 forms. b. Gather All I-9 Forms and Supporting Documents For the audit, you’ll need to collect all current and past employees’ I-9 forms. If you’re using a digital system, this should be a straightforward process. Otherwise, gather all the physical files, which may include additional paperwork like copies of supporting documents for each employee. Organize the documents by hire date or employee group to ensure a structured audit process. Be sure to include any I-9 forms for employees who have left your organization, as their forms must be retained for the legally required time. c. Identify a Team or Partner for the Audit Depending on the size of your organization, you may need a dedicated team to handle the I-9 audit. For smaller organizations, HR personnel or a compliance officer might suffice. For larger businesses, consider hiring an external consultant or law firm specializing in immigration compliance. Ensure that the team understands the regulations around the I-9 process and is equipped with tools, like checklists or I-9 software, to guide them through the audit. 3. Conducting the I-9 Audit Once you’ve gathered the necessary materials and formed your audit team, it’s time to dive into the audit process. The audit involves reviewing all I-9 forms and identifying discrepancies, errors, or missing information. a. Check for Completeness and Accuracy Examine each I-9 form to ensure the following: Section 1 : Has the employee filled out the section completely and signed it? Ensure that the employee’s name, date of birth, and other identifying information are accurate. For forms dated after March 2013, but before August, 2023, make sure N/A values are populated for required fields, where applicable. Section 2: Has the employer reviewed the employee’s documents, listed the correct document numbers, and signed the form on time? The employer’s signature is required within three business days of hire. For forms dated after March 2013, but before August, 2023, make sure N/A values are populated for required fields, where applicable. Supplement B (formerly Section 3) : If the employee has been rehired or the work authorization has expired, has the form been properly updated and signed? Common mistakes include missing or incorrect document numbers, incorrect document expiration dates, failure to reverify work authorization, and missing signatures. b. Verify Document Authenticity It’s essential to ensure that the documents submitted by employees for identity and work authorization are legitimate and match the details on the I-9 form. Be cautious of any discrepancies in the documents or signs that the documents may be fraudulent. Employers are not required to be experts in document verification, but they should be familiar with what constitutes acceptable documents and ensure they match the categories listed in the I-9 form. The USCIS provides a Handbook for Employers to guide document verification. c. Address Errors and Non-Compliance When you identify errors or omissions, document each instance and correct the issue. Some errors can be easily corrected by updating the form, while others might require more complex adjustments. If the error is severe, such as hiring someone who is not authorized to work, consult legal counsel immediately. If an employee is no longer with the company and the form is incomplete, it may be necessary to create a new, corrected I-9 if the record-keeping requirement is still in effect. However, if the employee has already left, and the form is beyond the retention period, the document may be discarded. 4. Reporting and Correcting Non-Compliance Once the audit is complete, compile a report detailing the findings, including any non-compliance issues or patterns you’ve observed. Share this report with relevant stakeholders, such as HR leaders or legal counsel. For any discrepancies or errors found during the audit, it’s important to take corrective actions, such as: Completing missing or incomplete forms. Revising incorrect information. Taking steps to ensure that your organization is in compliance with I-9 regulations going forward. If serious violations are discovered (e.g., intentional misrepresentation or hiring unauthorized workers), you may need to consider voluntary self-disclosure to authorities, or take steps to rectify the situation to mitigate potential fines or penalties. 5. Improving I-9 Compliance Going Forward An audit can reveal weaknesses in your internal processes. Use the findings from the audit to improve future I-9 compliance. Consider implementing the following: Training : Regularly train HR personnel, hiring managers, and any other relevant staff on I-9 compliance to reduce errors. Technology : Invest in electronic I-9 systems that offer real-time error checking, automated reminders, and audit trails. These systems can greatly reduce manual errors and improve compliance rates. Standard Operating Procedures (SOPs) : Update your I-9 procedures, create checklists, and implement standardized workflows to ensure consistency across your hiring process. Conducting a thorough I-9 audit is essential for maintaining compliance with federal immigration laws. By preparing properly, checking for errors, and taking corrective action when necessary, you can minimize the risk of penalties and ensure that your hiring processes are as efficient and compliant as possible. Regular audits, coupled with proper training and updated technology, will help you maintain long-term compliance and avoid costly mistakes.
With hiring processes more complex than ever, E-Verify offers HR teams a streamlined, efficient way to confirm the work eligibility of new hires. However, navigating the E-Verify system can be overwhelming for HR professionals, especially as legal compliance around employment eligibility intensifies. Fortunately, technological solutions, such as GryphonHR’s platform, make E-Verify faster, more secure, and easier to integrate with existing systems. This guide walks you through the E-Verify process step-by-step, offering insights on how HR technology simplifies each stage for a seamless experience. Step 1: Registering with E-Verify Process Overview To start using E-Verify, your organization must first enroll in the system. Registration is typically straightforward but involves a few important steps to ensure compliance and user security. Steps to Register: Visit the E-Verify Website : Go to the official E-Verify website (www.e-verify.gov) and select the option to "Enroll." Read and Accept the Terms : You will need to review and agree to the program rules, and establish an Enrollment Point of Contact. This person is responsible for managing the E-Verify enrollment process for your company. Enter Company Information : Input basic company details, such as business address, Employer Identification Number (EIN), and industry type. Create User Accounts : Identify which employees will have access to E-Verify. Each will need a secure account with unique login credentials. How HR Technology helps: HR technology solutions can simplify registration by securely storing and managing information required for enrollment, reducing the time spent on administrative tasks. Many HR platforms also integrate directly with E-Verify, allowing for easier user access and management. Step 2: Gathering Necessary Employee Documentation Process Overview To complete an E-Verify check, employees need to provide documents that confirm both identity and eligibility to work in the U.S. Typically, this step involves I-9 Form documentation, such as a passport or a combination of documents (e.g., driver’s license and Social Security card). Note that a Social Security Number is required to create a case in E-Verify. Steps for Documentation Gathering: Complete Form I-9 : Collect the employee's I-9 form and ensure all information is accurate. Verify Acceptable Documents : Cross-check that the documents provided are valid and current. Retain Copies (if applicable) : Although not required by E-Verify, retaining copies of I-9 documents may help with internal recordkeeping. How HR Technology Helps: HR tech tools streamline this stage by incorporating automatic prompts to verify which documents are acceptable, automatically filling out fields, and securely storing these documents to prevent loss and unauthorized access. Step 3: Initiating the E-Verify Process for a New Hire Process Overview Once documentation is ready, you can enter the information into E-Verify to confirm work eligibility. This step involves several sub-steps and should be completed within three days of the employee’s start date. Steps to Initiate E-Verify: Log in to E-Verify : Access your account through a secure connection. Select “New Case” : Start a new case for each employee. Enter Employee Details : Input information from the I-9 form, including the employee’s name, Social Security number, and document numbers. Review and Confirm : Double-check the accuracy of all entries and submit the case for verification. How HR Technology Helps: Platforms that integrate with E-Verify allow HR teams to initiate and complete E-Verify cases without leaving their existing HR system. This integration minimizes data entry errors, reduces manual input time, and allows for real-time tracking. Step 4: Reviewing E-Verify Results Process Overview After submitting a case, E-Verify will typically respond within seconds. There are three potential responses: Employment Authorized : The employee is authorized to work in the U.S. Tentative Nonconfirmation (TNC) : There is an issue with the information provided. HR must notify the employee, who can contest the TNC. Case in Continuance : Additional verification is required. Steps for Reviewing Results: Check Case Status : Log in to E-Verify to view the case results. Follow Up as Necessary : If there is a TNC, notify the employee within the E-Verify timeline and provide guidance for contesting if they wish. Close the Case : Once resolved, close the case in E-Verify. How HR Technology Helps: HR tech systems can set reminders for case follow-ups, and many solutions offer automated notification systems that alert employees to TNCs directly, simplifying the process for both HR and employees. Additionally, systems often include dashboards that make tracking case statuses easier. Step 5: Managing and Auditing E-Verify Records Process Overview Maintaining compliance with E-Verify involves ongoing management and periodic audits. This includes ensuring that all cases are closed, TNCs are resolved, and records are retained as per legal requirements. Steps for Managing Records: Retain I-9 and E-Verify Records : Store all relevant records in a secure location, either physically or digitally. Conduct Regular Audits : Periodically review E-Verify compliance and documentation practices. Close Out Records for Former Employees : Manage inactive employee records per the organization’s policy and E-Verify retention guidelines. How HR Technology Helps: HR tech platforms offer secure storage solutions that automatically organize E-Verify and I-9 records, making audits more efficient. Many systems provide reporting tools to generate compliance reports, track verification timelines, and keep HR teams ahead of regulatory requirements. Navigating the E-Verify process can be complex, but HR tech significantly simplifies it by automating and securing each step, from registration to case management and auditing. By integrating E-Verify into your HR systems, you not only ensure compliance but also create a smoother onboarding experience for employees and a more efficient workflow for your HR team. Whether you’re onboarding a few hires or managing a large team, leveraging HR tech makes E-Verify a fast, reliable process for employment eligibility verification.
Why E-Verify use should be a priority for employers who value workplace integrity, want to bring ease and efficiency to the hiring process, and reduce their legal risks.
Want more information?
STAY CONNECTED
Join our newsletter to learn more about Form I-9.