Half a Million Employers now using E-Verify

We’ve just heard from US Citizenship and Immigration Services (USCIS) that as of the end of 2013, half a million employers are now using E-Verify, at 1.5 million worksites.

As you know, E-Verify is the USCIS web-based service that employers use to confirm their new hires are authorized to work in the US. Right now, except for federal contractors/subcontractors in certain situations, the US government does not mandate the use of E-Verify. Federal legislation has been proposed to change this, but as of today regulation of E-Verify is up to the states. It is up to each state government to decide how it wants to influence or regulate the use of E-Verify for employers in the state.

If you work for a large, multi-state employer, you probably know how difficult it can be to keep abreast of the current and proposed laws that might affect you in each state where you have offices. (This E-Verify Laws Map might be helpful to you).

About 30% of states mandate that some private employers use E-Verify, typically those working state contracts, or those with more than a certain number of employees. Only four states today require all employers to process new hires through E-Verify (Alabama, Arizona, Mississippi, South Carolina). Three others require all employers over a certain size to use E-Verify (those who employ above 10 in Georgia, 15 in Utah, and 25 in North Carolina). Given this, at least some of the 500,000 employers who use E-Verify are doing so voluntarily.

An increasing number of employers who use Tracker’s I-9 & E-Verify solution voluntarily E-Verify all new hires, even at stores/restaurants/offices located in states with no mandate. These customers are taking the sound position that it will pay to be ahead of the curve on compliance, especially since there seems to be a broad base of support for a nationwide E-Verify mandate. The Tracker customers who’ve had to go through audits with US Immigration and Customs Enforcement (ICE) were richly rewarded for their commitment to compliance when they passed the ICE inspection with ease.

Speaking of audits, we recently supported a customer through a state audit of their E-Verify records. While we’ve supported a good number of customers through ICE I-9 audits, this was the first time we’ve been involved in a state audit of E-Verify records. We will keep you posted if we start seeing a trend.

If your organization is not yet using E-Verify, you may find this paper helpful when you are ready to get started: How to Prepare Your Company to Use E-Verify.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.

E-Verify Resumes Service: What Employers Need to Know

E-Verify OpenToday US Citizenship & Immigration Services (USCIS) brought their E-Verify service back online and provided the instructions posted below for employers. The service was unavailable from October 1-16, 2013. If you hired employees during the 16 days E-Verify was offline, or if you had E-Verify cases in process, you will want to carefully follow these USCIS instructions.

If you submit E-Verify cases manually and hired employees during the offline period, you will need to log into the E-Verify website and manually key in the data required to submit a query for each person you hired during the offline period, being careful to follow the special instructions below from USCIS. If you use the Tracker electronic I-9 & E-Verify solution, your delayed new hire cases can all be submitted automatically in a single batch process which incorporates the USCIS special instructions. You won’t have to pull up the individual I-9’s. This will save you time, especially if you work for a high-volume hiring organization.

Below are the instructions posted by USCIS, which you can also read on the E-Verify website:

E-Verify has resumed operations following the federal government shutdown. All E-Verify features and services are now available. The following information addresses questions on how the federal government’s shutdown affected E-Verify and Form I-9.

Information For Employers

Form I-9

The Form I-9 requirements were not affected during the federal government shutdown. All employers must complete and retain a Form I-9 for every person hired to work for pay in the United States during the shutdown.

E-Verify

Employees who received a Tentative Nonconfirmation (TNC)

If an employee had a TNC referred between September 17, 2013 and September 30, 2013 and was not able to resolve the TNC due to the federal government shutdown, add 12 federal business days to the date printed on the ‘Referral Letter’ or ‘Referral Date Confirmation.’ Employees have until this new date to contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to resolve their cases. If you have an employee who decided to contest his or her TNC while E-Verify was unavailable, you should now initiate the referral process in E-Verify. Employers may not take any adverse action against an employee because of a TNC.

Employees who received a SSA Final Nonconfirmation (FNC) or DHS No Show result

If an employee received a Final Nonconfirmation (FNC) or No Show because of the federal government shutdown, please close the case and select “The employee continues to work for the employer after receiving a Final Nonconfirmation result,” or “The employee continues to work for the employer after receiving a No Show result.” The employer must then enter a new case in E-Verify for that employee. These steps are necessary to ensure the employee is afforded the opportunity to timely contest and resolve the Tentative Nonconfirmation (TNC) that led to the FNC result.

Creating Cases: Three-Day Rule

You must create an E-Verify case for each employee hired during or otherwise affected by the shutdown by November 5, 2013. If you are prompted to provide a reason why the case is late (i.e., does not conform to the three-day rule), select ‘Other’ from the drop-down list of reasons and enter ‘federal government shutdown’ in the field.

Federal Contractor Deadlines

During the federal government shutdown, federal contractors could not enroll or use E-Verify as required by the federal contractor rule. If your organization missed a deadline because E-Verify was unavailable or if it has an upcoming deadline for complying with the federal contractor rule, please follow the instructions above and notify your contracting officer of these instructions.

Information For Employees

If the federal government shutdown prevented you from contesting a Tentative Nonconfirmation (TNC), you will be allowed additional time to contact the Social Security Administration (SSA) or Department of Homeland Security (DHS). If your TNC was referred between September 17, 2013 and September 30, 2013, and you were not able to resolve the mismatch due to the federal government shutdown, you should:

  • Add 12 federal business days to the date printed on the ‘Referral Letter’ or ‘Referral Date Confirmation’ that your employer provided you after you contested the TNC. Federal business days are Monday through Friday and do not include federal holidays.
  • Contact SSA or DHS by the new date to resolve your TNC.

If you received a Final Non-Confirmation (FNC) because you could not contact DHS or SSA during the federal government shutdown, or because you could not contact DHS or SSA in the first ten days after the government reopened, please contact your employer and request that the employer re-enter your query. For more information about contesting your TNC or FNC, please refer to Employee section of the E-Verify website.

Customer Support

E-Verify Customer Support expects an increase in requests for assistance. Due to this increase, customers may experience longer than normal delays and response times. We apologize for any inconvenience and appreciate your patience. For any questions or additional information about how the federal shutdown affects E-Verify, please email E-Verify@dhs.gov. For questions about Form I-9, please visit I-9 Central or email I-9Central@dhs.gov. Employers and employees may also contact E-Verify at 888-464-4218. Customer Support representatives are available Monday through Friday 8:00 am to 5:00 pm local time.

E-Verify Services Suspended Due to Government Shutdown

E-Verify Closed

As of the time of this post, the US Federal Government has yet to reach a budget agreement and a partial government shutdown is in effect.  Among the many Federal Agencies that are affected by the shutdown, the Department of Homeland Security will suspend E-Verify until funding is restored. Continue reading for more details.

Note that a federal government shutdown does NOT impact an employer’s I-9 responsibilities. Employers should continue to process I-9s as they normally would. Employer should also expect to create cases in E-Verify when E-Verify becomes available.

According to the E-Verify home page (here), as a result of the shutdown employer will be unable to:

  • Enroll any company in E-Verify
  • Verify employment eligibility
  • View or take action on any case
  • Add, delete or edit any User ID
  • Reset passwords
  • Edit your company information
  • Terminate an account
  • Run reports
  • View ‘Essential Resources.’ Please note that all essential resources may be found by visitingwww.dhs.gov/e-verify.

In addition, E-Verify Customer Support and related services are closed. As a result:

  • Employees will be unable to resolve Tentative Nonconfirmations (TNCs).
  • Telephone and e-mail support will be unavailable. You may send e-mails, however, we cannot respond until we reopen.
  • E-Verify webinars and training sessions are cancelled
  • E-Verify Self Check will not be available

To minimize the burden on both employers and employees, E-Verify has implemented the following policies:

  • The ‘three-day rule’ for E-Verify cases is suspended for cases affected by the shutdown. E-Verify will provide additional guidance once normal operations are restored. This does NOT affect the Form I-9 requirement—employers must still complete the Form I-9 no later than the third business day after an employee starts work for pay.
  • The time period during which employees may resolve TNCs will be extended. Days the federal government is closed will not count towards the eight federal government workdays the employee has to go to SSA or contact DHS. E-Verify will provide additional time once E-Verify reopens.
  • For federal contractors complying with the federal contractor rule, please contact your contracting officer to inquire about extending deadlines.
  • Employers may not take any adverse action against an employee because of an E-Verify interim case status, including while the employee’s case is in an extended interim case status due to a federal government shutdown (consult the E-Verify User Manual for more information on interim case statuses).

When E-Verify service resumes, employers will need to process the backlog of hires that would have otherwise been run through E-Verify but for the shutdown. If you still complete the Form I-9 on paper, here are some ideas for how to plan ahead and get through backlog:

  1. Keep a consolidated list of new employees who will need to be processed. Have their Form I-9s handy so you can churn through them quickly once E-Verify services resume.
  2. If the government shutdown lasts awhile, consider adding additional staff to help get through the backlog.
  3. Be prepared to answer questions, especially for those employees who are still in the process of contenting TNC, which they have been granted extra time to resolve.
  4. Carefully monitor the situation, and be prepared to resume E-Verify transactions as soon as you can after E-Verify service is restored.

If you process I-9’s electronically with a system like Tracker I-9 Complete with E-Verify, managing the E-Verify process during the shutdown is easy. Backlogged cases are seamlessly managed through automated processing and reminders.

Again, please note that a federal government shutdown does NOT impact an employer’s I-9 responsibilities. Employers should continue to process I-9s as they normally would.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.

 

Overview of New Form I-9 for Employers

[Editor’s Note: today’s post is brought to you by guest blogger Katie Nokes Minervino, Associate Attorney in the Immigration Group at Pierce Atwood LLP. Katie assists employers and employees in employment authorization needs and provides clients with support and guidance on employment verification requirements, best practices, and audit response.]

A new version of Form I-9 was released by USCIS on March 8, 2013. Employers were required by law to begin using the new version of Form I-9 effective immediately, but USCIS gave employers a 60-day grace period to implement the new form into business practice. This 60-day grace period ended on May 7, 2013. Employers must use the new version of Form I-9 for any new hires or I-9 re-verifications completed on or after May 7, 2013.

Federal law requires that every employer hiring an individual for employment in the United States must complete a Form I-9, Employment Eligibility Verification. As previously reported, the new version of Form I-9 includes new fields for employee telephone numbers and e-mail addresses. The new version has also been reformatted and is now two pages in length. The new version of Form I-9 is available at uscis.gov.

Check out an essential, interactive introduction to the new Form I-9 that identifies the changes and provides instructions. Click on the arrows at the bottom of the presentation screen to advance. 

 

For updates regarding employment authorization and immigration, you can also follow Katie Minervino on Twitter @kminervino as she closely tracks E-Verify and other immigration-related developments.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.

Best Practice Tips to Avoid E-Verify’s Less-Obvious Pitfalls

[Editor’s Note: today’s post is brought to you by guest blogger Katie Nokes Minervino, Associate Attorney in the Immigration Group at Pierce Atwood LLP. Katie assists employers and employees in employment authorization needs and provides clients with support and guidance on employment verification requirements, best practices, and audit response.]

So you’ve taken the plunge and enrolled in E-Verify. Here are best practice tips to avoid the less-obvious pitfalls of E-Verify use.

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Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

 
Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.

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Governor Corbett signs Pennsylvania E-Verify Law

[Editor’s Note: today’s post is brought to you by guest blogger Bruce Buchanan, an immigration attorney in the Nashville, TN office of Siskind Susser PC.]

On July 5, 2012, as expected, Governor Tom Corbett signed into law the Public Works Employment Verification Act, which will take effect January 1, 2013. The law which requires public works contractors and subcontractors, on construction projects where the estimated cost is at least $25,000, to use E-Verify to determine whether their employees are authorized to work in the United States.

The law broadly defines public work as “Construction, reconstruction, demolition, alteration and/or repair work other than maintenance work, done under contract and paid for in whole or in part out of the funds of a public body where the estimated cost of the total project is in excess of $25,000).”

State public works contractors and subcontractors will also be required to sign a verification form acknowledging their enrollment in E-Verify and their responsibilities under the law. Willful violators who misrepresent themselves on the verification form may be subject to a civil fine of $250 and $1,000 per violation.

Failure to E-Verify employees will lead to the following penalties:

  • First Offense: warning to violator and posting on Pennsylvania’s website;
  • Second Offense: 30 day debarment from state public works contracts;
  • Third Offense: 180 days or up to one year debarment from state public works contracts; and
  • Willful violators may be debarred for up to three years.

The Department of General Services shall enforce this law. It shall investigate “any credible complaint of a violation of this law. Additionally, the Department shall conduct random audits of public works contractors and subcontractors.

The law includes an anti-retaliation/discrimination provision whereby it is unlawful to retaliate or discriminate against any employee who participates in an investigation or hearing or reports a complaint.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.

Reminder: Phase 2 of E-Verify compliance requirements for GA companies takes effect July 1st.

[Editor’s Note: today’s post is brought to you by guest blogger Katie Nokes Minervino, Associate Attorney in the Immigration Group at Pierce Atwood LLP.]

As discussed in our prior post about the Georgia E-Verify laws, the E-Verify requirements under the Georgia immigration law are staggered according to company size. On July 1st, Georgia employers with less than 500 but more than 100 employees must start using E-Verify.

Businesses with less than 99 but more than 11 workers have an additional year to comply with the E-Verify requirements (they must start by July 1, 2013). Businesses with 10 or less employees are exempt. The largest Georgia companies with 500 or more employees were required to begin their E-Verify use and compliance on January 1, 2012.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.

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E-Verify: Thinking about taking the plunge?

[Editor’s Note: today’s post is brought to you by guest blogger Katie Nokes Minervino, Associate Attorney in the Immigration Group at Pierce Atwood LLP. Katie assists employers and employees in employment authorization needs and provides clients with support and guidance on employment verification requirements, best practices, and audit response.]

E-Verify and I-9 News BlogE-Verify is the federal government’s current foray into electronic verification of employment authorization of US workers that functions as a complement to— not a replacement for — the traditional paper-based Form I-9 employment verification system. Over the past few years, many employers have found themselves in a “sink or swim” situation as they have been forced into this otherwise optional program by laws mandating their use. Others have voluntarily enrolled in the program. The remaining majority are now finding themselves teetering at the edge wondering whether or not to take the plunge.

E-Verify: Who Should Jump Right In

Businesses required by law should enroll in E-Verify and structure their participation to comply with applicable laws and the terms of the program. Currently many employers are required by state or local law to enroll in E-Verify, and all signs indicate that this trend will continue. Certain federal contractors are also required to use E-Verify. Further, multi-state corporations may consider enrolling nationally to avoid facing the moving target of state-by-state compliance and the associated burden as new state laws are passed. Employers who have previously been the subject of an I-9 audit and related fines should also strongly consider enrolling in the program.

E-Verify: Who Should Stay on Shore

E-Verify use has its drawbacks. These include employer-borne costs of training personnel and allocating resources to correctly administer the program, the addition of an extra step in the hiring process, and the risk of a “false positive” for a new hire that may raise an unnecessary red flag that requires corrective action. For companies with limited HR resources or who would face significant burdens in regularly accessing the online program not required or otherwise inclined to enroll, the costs will not likely justify the benefits. Some employers simply do not want to participate in the “voluntary” program, and can elect this approach unless otherwise required to enroll.

E-Verify: Who Should Test the Waters

As the program is currently structured, employers have options in how they use E-Verify, including limiting use for new hires at only one (or a handful) of hiring sites. Enrolling in the program for use at a single hiring location, for example, does not trigger a nation-wide E-Verify use requirement for all hiring sites of a given company. While E-Verify is imperfect, the federal government has put significant resources into the program and more and more states are imposing E-Verify requirements. Odds are good that most employers will need to at least consider participation at some point in the future.

Enrolling in E-Verify on a limited basis is a good option for employers with the necessary resources to properly administer the program who may otherwise be on the fence. Choosing to participate at one hiring site provides an opportunity to gain familiarity with the program and complete the necessary training and registration on the employer’s own timeline. E-Verify experience may also provide a competitive edge when competing for business. Companies are increasingly adding employment verification compliance provisions to service contracts, which may include current (or perhaps future) E-Verify use. Putting “a toe in the water” provides companies negotiating such contracts an advantage over companies that are not familiar with or currently contemplating at least limited use of the program.

No matter their current E-Verify enrollment status, all US employers should continue to monitor E-Verify related developments to acquire a general understanding of program requirements and any pertinent compliance deadlines.

Disclaimer: The content of this website is for information purposes only and should not be construed as legal advice or a legal opinion on any specific facts or circumstances, nor does it create attorney-client privilege. This blog should never replace the need for involving informed counsel on your employment and immigration issues.

Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.

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Employers Must Bargain with Union to Voluntarily Implement E-Verify

[Editor’s Note: today’s post is brought to you by guest blogger Bruce Buchanan, an immigration attorney in the Nashville, TN office of Siskind Susser PC.]

Tracker Corp In a case where immigration law and labor law intersected, Pacific Steel Casting Company (Pacific Steel) reached a settlement with the National Labor Relations Board (NLRB) concerning its obligations to bargain with the union about its implementation of E-Verify.

On February 23, 2011, Pacific Steel enrolled in E-Verify by signing a Memorandum of Understanding (MOU) with the Department of Homeland Security (DHS). However, in so doing, it did not notify the Glass, Molders, Pottery, Plastics & Allied Workers International Union, Local No. 164B (Local 164B), which represented its 600 employees at its Berkley, California facility.

At approximately the same time, Immigration & Customs Enforcement (ICE) served a Notice of Inspection on Pacific Steel. As a result of the I-9 audit, ICE concluded about 200 employees did not have valid work authorizations; thus, Pacific Steel terminated these 200 employees in December 2011.

In May 2011, Local 164B made an information request to Pacific Steel asking whether it had enrolled in E-Verify . As the bargaining representative, it is entitled to request certain information which could impact the employees’ terms and conditions of employment. Pacific Steel confirmed its participation in E-Verify but initially claimed it was required to do so because Pacific Steel was a federal contractor. Later, Pacific Steel conceded it was not a federal contractor but planned to continue using E-Verify.

Thereafter, Local 164B filed a charge with the NLRB alleging Pacific Steel violated Section 8(a)(5) of the National Labor Relations Act by unilaterally implementing E-Verify without bargaining Local 164B. In the March 2012 settlement, Pacific Steel agreed to provide written notice to the DHS terminating their enrollment in E-Verify. Furthermore, it agreed to reinstate employees, with backpay, who were terminated as a result of implementation of E-Verify. However, this does not appear to cover the 200 employees terminated in 2011 as those were as a result of the ICE audit of current employees while implementation of E-Verify covered new employees hired after February 23, 2012. Also, if it is determined these employees did not possess proper work authorization, the employees could not reinstated under NLRB law or awarded backpay. See Mezonos Maven Bakery, 357 NLRB No. 147 (Aug. 9, 2011) citing the Supreme Court decision, Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) – “awarding backpay to undocumented workers lies beyond the scope of [the Board’s] remedial authority”.

As one of the few immigration compliance attorneys who formerly worked as an attorney with the NLRB, I can tell you if Pacific Steel had in fact been a federal contractor and required to enroll in FAR E-Verify, this matter probably would have had a different result. Also, if Pacific Steel had offered to bargain with the union before implementation of E-Verify and reached an agreement to sign a MOU, it could have lawfully implemented E-Verify.

This is a reminder of how employers face obligations under multiple statutes in matters involving immigration compliance.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.

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Electronic Form I-9 Best Practices for Large Retailers

[Editor’s Note: today’s post was written by our guest blogger Melinda McAfee, Esq., Vice President – Legal, Abercrombie & Fitch, Tracker I-9 client since 2010.]

Nothing tests your company’s best practices like an ICE audit. Any company that has been through a large scale ICE audit will come out of the experience with lessons learned. Converting these lessons learned into best practices can and will help you survive future ICE audits relatively unscathed. Below are a few of the “best practices” lessons learned that any large retailer or similar employer can benefit from.

Best Practice #1: Develop and Implement a Regular Audit Process
The most important lesson that any employer can learn from going through an ICE audit is the importance of a regular audit process for I-9 compliance. This is especially true with respect to electronic I-9s, which are susceptible to the vagaries of technology. The risk when errors occur is much higher with electronic I-9s where technological problems can affect hundreds or thousands of I-9s at once, and could subject a Company who has acted in good faith to disproportionate fines. Developing an audit program that regularly reviews both the behind the scenes working of your electronic I-9 system (i.e., database storage, stability and security) and the front end product (i.e., correct completion of the I-9) is essential.

Best Practice #2: Make it Fail Safe
There are numerous error types that are possible on an I-9 form, any one of which can result in a fine from an ICE audit. At a minimum, any electronic I-9 system must provide automatic error-checking. Ideally, the system should prevent I-9s from being submitted with invalid input or incomplete information. For example, your electronic I-9 software should prohibit the form from being submitted without all the required fields completed. Other error protections include prohibiting the entry of expired documents, date and number formatting checks to prevent typographical errors, and protections to prevent accidental over-documentation and subsequent accusations of discriminatory I-9 practices.

Form I-9 for retailers: best practicesBest Practice #3: Keep it Simple
I-9 and E-Verify processing can be high risk, but is usually a low priority for retail managers, whose focus is, and should be, on running the business. Along with the fail safe protections discussed above, the electronic I-9 system and interface should be as simple to use as possible. Managers need to be able to do the following without becoming confused or distracted by too many extraneous features in your electronic I-9 system:

1. Create an I-9 record
2. See a list of every record in process, and
3. See the employees who need to be E-Verified.

Avoid putting extensive reporting and searching tools on your local interface. Make sure that the instructions and screens that local managers see are clear and concise, walking them step by step through the process. Save the bells and whistles for your Corporate Office HR professionals and auditors.

Best Practice #4: An Integrated Solution
If your Company uses an applicant tracking system (ATS), it is possible to integrate the electronic I-9 software with your ATS. This can provide another fail safe to ensure that I-9s are completed at or prior to the hire process, requiring the I-9 to be completed before the individual can hit the sales floor. For retailers with a large part-time workforce that may not work every day, this can ensure compliance with the mandatory I-9 completion time frame. Integrating the electronic I-9 system with the ATS also helps “Keep It Simple” because Section 1 of the I-9 can be pre-populated with information provided by the employee during the application process, requiring only the employee’s review, correction and signature.

Likewise, using Single Sign On simplifies the electronic I-9 system and makes security easier to control. Managers can sign on to the Point of Sale system and be authenticated at sign on, which will provide them access to the electronic I-9 system, ATS and the electronic hiring system. This prevents the manager from having to reauthenticate multiple times in order to process a new hire, complete an I-9 and initiate E-Verify.

Best Practice #5: Portable Authentication for Substitute Managers
Large retailers in cities with multiple stores often need to borrow or exchange managers from one worksite to another to cover vacations, sick days and turnover. This requires an I-9 system that is not only easy to use, but also enables portability of system access. Creating temporary access roles for a new user every time a manager goes to a new store creates a burden on IT staff, creates login and security complexities, and risks managers being unable to log into and use the system. By integrating your I-9 software with your other systems, the I-9 software can automatically permit access for managers to the specific stores at which they are scheduled to work, and then disable that access when they transfer to a different location.

Best Practice #6: Support Seasonal and Under-Age-18 Hiring
Retailers, food service and hospitality industries thrive on hiring seasonal, temporary and under-age-18 employees. The electronic I-9 system used by such employers must simplify the I-9 and E-Verify complexities inherent for these types of employees. For example, if an employee is working for three days or less, the three-day grace period to sign Section 2 does not apply and you cannot accept a receipt in lieu of an original Section 2 document. Your electronic I-9 system should automatically enforce compliance with these special rules.

By keeping these six best practices in mind, multi-worksite organizations in the retail or similar industries can help ensure the best compliance with I-9 and E-Verify and increase their chances of surviving an ICE audit with minimal impact to the business.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

Discover how Tracker’s electronic I-9 software service lets you produce flawless I-9s every time. Feel free to contact us we’d love to hear from you.

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