Authored By: GryphonHR Blog Contributor
GryphonHR blog contributors include , consultants, researchers, and other subject-matter experts who’ve written content for our blog.
July 27, 2023
As of August 1, 2023, the new Form I-9 will be available in addition to remote I-9 verification for E-Verify employers. Form I-9 compliance for U.S. employers and staffing organizations comes with its own set of challenges, this article will help to review key Form I-9 and E-Verify considerations, especially for staffing companies.
The largest challenges that we often see staffing organizations struggle with, as it relates to compliance with Form I-9 requirements for both onsite and remote hires is:
Additional challenges arise with remote I-9 verification including:
Government compliance guidelines may seem complex, however, there are key considerations that staffing companies should keep in mind for offsite hiring, including the following requirements:
As the COVID-19 temporary remote I-9 verification flexibilities are soon to expire, taking the following rules into account may be helpful in ensuring that your organization meets I-9 compliance guidelines:
Keep in mind that foreign national employees often have added requirements that your staffing organization should be mindful of such as:
Avoiding discrimination during the Form I-9 or E-Verify process is imperative for staffing agencies. Several staffing agencies have been fined and penalized due to discrimination during the onboarding process and violations of the Immigration and Nationality Act (INA).
It is important that every U.S. employer follow compliance guidelines regarding the document review process. Requesting specific documents or more documents than necessary violates the INA and can lead to substantial penalties per offense. Learn more about a related staffing company case here in our recent blog: Staffing Company Fined for I-9 Discrimination Practices.
It is against the law if, during the Form I-9 process, an employer takes any of the following actions based on a worker’s citizenship, immigration status, or national origin:
Click here to the download DOJ guidance for avoiding discrimination during the Form I-9 and E-Verify process. The DOJ has also provided new guidance for avoiding discrimination related to employment eligibility verification and U.S. export control laws.
Many Form I-9 vendors provide the following options for a remote physical review of I-9 verification:
Although any person may review Form I-9 documents, it’s important to note that the employer will be held liable for any errors or mistakes, which could lead to hefty fines and penalties. Abiding by document review requirements and avoiding discrimination during the I-9 process is imperative no matter who completes the I-9. This is where a Form I-9 compliance software provider may be able to help to create a consistent and more compliant process for both onsite and remote hires.
Many staffing organizations have already implemented an electronic I-9 solution or I-9 software solution, however it’s important to bear in mind that not all I-9 systems are designed to meet compliance requirements, and some are not well suited to meet the needs of staffing agencies. Electronic I-9 vendors may offer a way to complete Form I-9 online, however not all systems are built to help ensure each form is completed accurately. Some electronic I-9 systems may walk the user through completing each field of the I-9 but may also fail to meet current I-9 compliance requirements. Other areas you may want to address when searching for an I-9 software vendor include:
Learn more about how a Form I-9 compliance platform can help staffing organizations to succeed in meeting legal requirements by contacting us or sign-up for a demo to see what makes GryphonHR different than other I-9 software providers.
1) Ensure your I-9 vendor can support your agency’s structure and scale:
2) Find a solution that you can customize to meet your agencies specific needs:
3) Review the vendors policies and platform features for compliant storage, retention, and data security:
4) An I-9 system can affect the onboarding experience for your staff and employees:
5) If you’re using a third-party network of authorized representatives:
Learn more about how a Form I-9 compliance platform can help staffing organizations to succeed in meeting legal requirements by contacting us or sign-up for a demo to see what makes GryphonHR different than other I-9 software providers.
Authored By: GryphonHR Blog Contributor
GryphonHR blog contributors include , consultants, researchers, and other subject-matter experts who’ve written content for our blog.
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