Many businesses are turning to I-9 software to move through the seemingly tedious onboarding compliance pieces, however, the technology may be hurting more than helping.
Employers cannot shift liability to software vendors.
There are dozens of I-9 software products on the market and it is up to the employer to make sure the software they choose accomplishes what is expected of them under the Immigration Reform and Control Act (IRCA), specifically 8 CFR Section 274a.2. When audited, employers cannot turn to their software vendors to take on liability for noncompliance.
What to watch out for when engaging I-9 software solutions
If shifting to software for I-9s, employers should have a policy and/or written procedures outlining their compliance with electronic generation and retention of the I-9. Some quick tips to look out for when vetting I-9 software include:
Does the software allow for actual signatures or a typed signature? If typed, does it "include a method to acknowledge that the attestation to be signed has been read by the signatory"?
Does the system allow for ability to reproduce legible and readable hardcopies?
Once completed, is the I-9 record (I-9, copies of documents, and E-Verify confirmation) created in an I-9 folder separate from the employer's personnel files?
What is the software's "indexing system"? Can it be explained to ICE?
Is E-Verify automated by the software? How are TNCs, Final Nonconfirmations, and case closings happening?
What are the data security mechanisms in place? Who has access? What happens if a vendor is terminated?
The best practice is to work with your corporate immigration counsel in the digital sandbox of the software to learn whether it complies with data input, data security, electronic signature, and other regulations.
Danielle Atchison
Mdivani Business Immigration Lawyer
