‘Tis the Season for Potential I-9 and E-Verify Errors

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werehiring As the warmer weather of Spring sets in, many organizations are gearing up for a hiring spurt that will include many seasonal and part-time employees. During periods such as this, when volume is high and employee types are varied, it’s important to make sure that your employment eligibility verification process remains sound and your level of compliance is not compromised.

Here are some of the most common mistakes you can avoid:

Mistake #1 – Organizations fail to treat the I-9 and E-Verify process as seriously for temporary, seasonal employees as permanent, long-term employees.

Even though an employee may be temporary or seasonal, you still need to properly complete the Form I-9 and comply to the E-Verify laws for your state. You will have to live with that I-9 form, as you would for any employee, for a minimum of three years. During an I-9 audit, ICE (U.S. Immigration and Customs Enforcement) treats all I-9 forms equally and can fine you up to $1,100 per error.

Mistake #2 – Forgetting the 3-day grace period to sign Section 2 does not apply for employees hired to work less than 3 days.

Normally you have until the 3rd business day after a new employee starts work to complete Section 2 of the I-9, but if the employee is only hired to work for 3 days for less, you must complete Section 2 on their first day of work.

Mistake #3 – Accepting a receipt in lieu of an original Section 2 document.


Unlike longer-term employees, for those hired to work 3 days or less, the employer can only accept an original Section 2 document.

Mistake #4 – Following inconsistent I-9 practices when re-hiring temporary or seasonal employees.


Always be consistent, even across worksites. Employers can simply update the Form I-9 on file for a rehire, or create a new Form I-9, depending upon certain conditions. You may not need to re-verify continuing employees who are approved for a leave of absence, temporary lay-off for lack of work, or transfers to a different worksite. Review the USCIS Form I-9 Rehire Guidelines to make sure you are in Form I-9 compliance for re-hires.

Mistake #5 – Failing to E-Verify seasonal, temporary or re-hired employees in accordance with E-Verify laws.


You may need to E-Verify seasonal, temporary or re-hire employees, depending upon whether or not you previously created an E-Verify case for the individual and what document they presented for the completion of the Form I-9. Review the USCIS E-Verify Rehire Guidelines to make sure you are in E-Verify compliance for re-hires.

Mistake #6 – Attempting to manage the I-9 and E-Verify process with paper or basic electronic forms.


Adopting an automated I-9 and E-Verify solution, such as Tracker’s I-9 Complete , is the best way to eliminate compliance risks. Its powerful compliance logic makes it virtually impossible to process an I-9 with errors. Request a Demo and take the first step toward flawless compliance.

Tracker is the most trusted provider of I-9 and E-Verify software. We help thousands of customers manage the legally-mandated, time-sensitive processes with efficiency, reliability and complete visibility. Only Tracker has a perfect 13-year record with federal agencies and systems, delivering flawless compliance with just half the effort, every time. Contact us for more information.

Employers Should Continue to Use Current Version of Form I-9 as USCIS Reopens Comment Period

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USCIS published a 30-day notice in the Federal Register extending public comment on proposed changes to the Form I-9. You may 
provide comments on the proposed changes for 30 days, until April 27, 2016.

What You Need to Know

In the upper right hand corner of the current version of the Form I-9 the text “Expires 03/31/2016” appears. Does this mean that the current version of the Form I-9 will no longer be valid after March 31, 2016?

The current version of the form will continue to be valid until USCIS posts a new version of the Form I-9 on its website. In the announcement posted on March 28, USCIS confirmed that employers must continue to use the current version of the Form I-9 until the new version is released. This means that employers should continue to use the Form I-9 version that was released on March 8, 2013, even though that version displays “Expires 03/31/2016” in the upper right hand corner.

When will the new Form I-9 be released?

This is still an open question. Any changes to the Form I-9 will not take effect until USCIS releases a new version. At this time, USCIS has not stated when they expect to release the new version, but we believe that it will be sometime in 2016. We won’t have a precise date until USCIS notifies the public. We will notify our readers as soon as USCIS makes its announcement.

How long will employers have before they must adopt a new version of the Form I-9 after its release?

This is also an open question. In the recent past, USCIS has allowed employers to continue to use the previous version of the Form I-9 for at least 60 days after releasing a new version. For example, USCIS released the current version of the Form I-9 on March 8, 2013. USCIS allowed employers to use the previous version of the Form I-9 until May 7, 2013. We expect that USCIS will implement a similar adoption timeline and will notify our readers as soon as an announcement takes place.

For more information on the proposed changes and what they may mean to your process see our January post.

Tracker is the most trusted partner for I-9 and E-Verify compliance, with thousands of customers including the top U.S. employers. We are the only I-9 software company with a perfect 13-year record with federal agencies and systems. Request a Demo of Tracker’s I-9 and E-Verify solution and take the first step toward flawless compliance.

Getting your I-9 & E-Verify House in Order – Where to Begin?

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When we first start talking to customers about automating the I-9 and E-Verify process, they want to know what they can do today to become more efficient and improve their level of compliance. These five tips can help organizations in all stages of their I-9 sophistication make immediate improvements and set the stage for future automation.

1. Create and distribute your company’s I-9 & E-Verify policies

Your policy should convey the basic rules which need to be communicated organization wide in order to establish uniformity and accountability. At a minimum, cover these basics:

  • An I-9 must be completed
  • Signature deadlines
  • Document review procedures
  • To E-Verify, or not to E-Verify
  • To photocopy or not to photocopy all Section 2/3 documents
  • Section 3 processing (e.g. Create a new I-9 or complete Section 3 when allowed for rehires)
  • Company/industry specific concerns

Here are sample policies to help get you started.

2. Make sure you are completing a current issue version of the Form I-9

There have been eight versions of the Form I-9 to date, with a new form issued about every 4 years. You need to be aware when a new Form I-9 is released. Right now only the 03/31/2016 revision date is valid.

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3. Don’t underestimate the importance of training

Putting together a consistent training program is often overlooked. It must take into account employees with various levels of knowledge, new I-9 managers as they come onboard and the impact of program changes when they take place. In our view, there’s no such thing as over-communicating I-9 policies and procedures if you do not have a software system to provide guidance to your employees during the process. A good way to make sure I-9 managers are engaged and understand the importance of their role is to have them read and sign-off on the company’s I-9 and E-Verify policies as well as the I-9 Employer Handbook (M-274).

4. Conduct an audit of your existing paper I-9s

We know it doesn’t sound like fun, but this is an important step to take, on average 50-70% of paper I-9 forms have errors. Once you have committed to the process, determine who, when, and where the audit will take place. Here are some tips for a successful self-audit:

  • Compare I-9s with employee roster to identify missing I-9s or I-9s to purge
  • Complete new I-9s for those that are missing
  • Review I-9s for errors and correct where possible
  • Correct I-9s, noting all changes with initials and the date of correction, transparency is key!
  • Complete new I-9s for those that are unsalvageable
  • Never “backdate” a missing date field
  • Do not use white-out to make corrections
  • Make a list of lessons learned and conduct Post-Audit Training

5. Go electronic, the benefits speak for themselves

Automating the process is a positive step for organizations of all sizes and industries. The risk is just too high if you remain on paper, not just from a financial/legal standpoint but also when considering the negative publicity that can occur and the overall impact to your brand if something goes wrong. It makes sense to meet with your team and put together your requirements for a solution so when you begin to look at software it is easy to determine if it will meet your needs. The free whitepaper I-9 Eval Guide: Questions You’ll be Glad you Asked is a great tool to help with that.

Tracker is the most trusted partner for I-9 and E-Verify compliance, with thousands of customers including the top U.S. employers. We are the only I-9 software company with a perfect 13-year record with federal agencies and systems. Request a demo of Tracker’s I-9 and E-Verify solution and take the first step toward flawless compliance.

E-Verify Enhances Mobile Capabilities – Five Things You Need to Know

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Department of Homeland Security (DHS) recently announced (pdf link) the development and testing of a new E-Verify mobile application. According to DHS, since 2012 E-Verify was considered “mobile-optimized,” meaning that it could be accessed on a mobile device through a mobile browser. However, this mobile version saw limited use because it didn’t adjust well for devices with smaller screen size, which forced the user to do a lot of scrolling to make it work effectively. To improve the mobile experience and to respond to a congressional directive to develop a mobile application, the USCIS has designed a native mobile app for Apple (iOS) devices and is in a usability testing phase with a selected small group of enrolled employers.

The promise of a future native mobile iOS app is good news as employers continue to increase the use of mobile technology to support HR business processes including the hiring and onboarding of new employees. When combined with traditional infrastructure and platforms, mobile technologies are improving communication and collaboration between field and corporate workers, and helping organizations improve efficiencies. However, there are key details missing from the DHS announcement that lead to several important open questions that E-Verify has yet to address.

Here are some of our observations about the announcement:

  1. We like the approach the government is taking to this product launch because in general it reflects the way software companies operate. By launching a beta program and testing the app before making it available to the broad marketplace, many of the bugs will be worked out in advance, which should result in an improved the user experience.
  2. At this point the pilot only supports Apple devices. Those using Android devices cannot partake in the pilot and may have to wait to take advantage of this functionality after the general release. The DHS announcement did not provide a timeline for when they expect to support Android devices.
  3. By choosing to develop a native application, there are some potential limitations and challenges in a corporate environment. For example, how will the app be distributed to shared corporate devices, particularly if your organization restricts which users can download new applications? How will application updates be managed to ensure your user population has the most current version? These are all questions that need to be addressed, among others, if you choose to deploy the app.
  4. The Privacy Impact Assessment suggests that future funding for app maintenance and enhancements has yet to be allocated, making the level of commitment to the project unclear.
  5. The initial release of the app will not support the required E-Verify tutorial and quiz. Therefore, new users will be required to complete their initial training on a desktop computer through the E-Verify website before they can access the mobile app. Likewise, we expect USCIS to continue to add new E-Verify features or update the rules for how to process E-Verify cases, which over time will require new training modules or changes to the existing training materials. When this happens, users who have already completed their initial training will have to complete a new abbreviated training and pass an incremental quiz covering the E-Verify changes. If the pace of E-Verify changes remains the same as it has been over the past couple of years, existing mobile users will need to take a new quiz on the E-Verify website using a desktop about once per year.

A native mobile app for E-Verify is certainly a positive step for the government to take to help organizations, especially smaller ones, gain efficiency and flexibility that mobile devices can offer. However, the benefits of a mobile E-Verify app just scratch the surface when compared to a more automated approach from a reputable software company like Tracker.

Tracker’s I-9 Complete is a full-featured solution that integrates I-9 and E-Verify management into a single process, eliminating manual data entry and redundancy. We lead the way with mobile functionality, offering the most flexible deployment options to meet your unique needs. Our products are available on whatever platforms you choose, desktops, laptops, smartphones, or tablets – Microsoft, Apple or Android. Collaborating with hiring managers to deliver a world-class mobile hiring experience has never been easier.

Request a demo of Tracker’s I-9 and E-Verify solution to get an in-depth view of our mobile capabilities and other market-leading features.

USCIS Proposes a New Smart Form I-9 – But is it Enough?

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The USCIS (U.S. Citizenship and Immigration Services) recently proposed changes to the Form I-9 used for employment eligibility verification, which many people are calling a “Smart” Form I-9 because it supports some data validation and efficiencies when it is completed on a desktop computer. With the new smart form, employers must be able to download it to their computer and fill it out electronically in order to take advantage of the new limited set of field validations, drop-down lists and on-screen instructions.

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Over time, the agency has made efforts to try and improve the paper form and instruction manual, however the process remains difficult and fraught with error. More than 50% of paper forms are flawed and could incur fines ranging from $100-$1,100 per affected record. The proposed changes are great first steps that will begin to help hiring professionals improve their I-9 efficiency and reduce some level of risk.

However, the benefits of the USCIS smart form just scratch the surface when compared to a more automated and full-featured approach built by a reputable technology company, like Tracker’s I-9 Complete solution.

There’s a vast difference between the proposed form and a well designed electronic I-9 software application in terms of the value they provide and effectiveness in getting the job done. The proposed USCIS smart form will still require significant work to ensure compliance.

For example:

  • It does not check PO boxes, nor does it validate US Passport, EAD (I-766) or Permanent Resident Card (I-551) document numbers.
  • It also does not track for employment authorization reverifications, receipt reverification or purge eligibility. You will need to manage these processes manually.
  • It isn’t designed to have the usability of a software tool; the workflow is clunky and involves lots of clicks and repetitive data entry.
  • It doesn’t have electronic signature capabilities, meaning employers will have to print the form and have both employee and employer sign it.
  • There’s no E-Verify integration, creating a process gap that requires duplicitous data entry that could lead to errors.
  • It does not have any security measures in place such as password protections or data encryption. In addition, there’s no audit trail to monitor changes made.
  • It is a one size fits all approach without the technical capacity to handle unique and complex hiring workflows, or the tracking capability required for volume hiring. It is most practical for small organizations with low volume.

In contrast, Tracker’s I-9 Complete is a full-featured, enterprise solution that helps organizations in high growth or volume hiring industries manage their I-9 process with flexibility and simplicity. Its rock-solid compliance logic makes it nearly impossible to perform an unlawful practice. Request a demo of Tracker’s I-9 and E-Verify solution and take the first step toward flawless compliance.

Tracker is the most trusted partner for I-9 and E-Verify compliance software, with thousands of customers, including the top U.S. employers. We are the only I-9 software company with a perfect 13-year record with federal agencies and systems.