Rehire Guide for Restaurants

As new federal and local government mandates are issued regarding the 2020 coronavirus pandemic, many restaurants that have been forced to lay off workers are already grappling with how to be I-9 compliant as they anticipate quickly onboarding employees after the pandemic-related closures are lifted.

Differentiating between furloughs and layoffs, knowing if a Form I-9 and E-Verify is still required, and enlisting professional compliance assistance will help determine restaurant owners’ path forward. Understanding now how to rehire laid off restaurant employees will expedite the process when it is time to put a plan into action.

 

Rehiring: Furloughs vs. Layoffs

Although it is not uncommon to hear furloughs and layoffs in the same sentence, the two terms are entirely different in meaning and implication.

  • Furloughs: A restaurant who furloughs workers is asking employees to essentially take an unpaid leave of absence. This is a temporary arrangement that is typically made in hopes of having an employee return to their job again in the not so distant future. In some cases, employees that are furloughed may even be able to retain some of their health benefits. For employers, the most important distinction is that furloughed workers generally do not have to go through a formal rehiring process.
  • Layoffs: Restaurants who are forced to lay off staff are basically releasing employees from that particular place of employment. Unlike being furloughed, the act of being laid off is considered a permanent termination of employment including benefits. Depending on the amount of time an employee is laid off, those employees that choose to return to an employer are more likely to be required to endure the formal rehiring process, at least in part.

 

Will a Form I-9 and E-Verify still be needed for restaurant rehires?

While the coronavirus pandemic is causing some small changes to parts of the overall hiring process, as of April 2, 2020 the Form I-9 is still a requirement to being I-9 compliant, and those companies already required to use the E-Verify system must continue to do so.

As the pandemic continues and uncertainty looms, it is critical that restaurants keep a close eye on any potential changes to the rehiring process in order to stay I-9 compliant and avoid possible punitive consequences.

To be fined or punished for non-compliance would likely be detrimental for a restaurant still getting back on its feet in a post-coronavirus pandemic world.

 

What To Do When Rehiring Employees Within Three Years Of The Employees Original Start Date

Restaurants who intend to simply rehire laid off employees may have the advantage of less steps to walk through if the employees are being rehired within three years of the date on their original Form I-9.

If an employee is rehired within three years of the date listed on their original Form I-9, the employer has the option of relying on the previous Form I-9 or having the employee complete a new one.

Employers who choose to rely on an employee’s previous Form I-9 (completed in the three years since the date on their original form), are still required to follow several additional guidelines:

  1. Employees that remain employment authorized as indicated on the original Form I-9 are not required to provide new documentation. In this case, employers must complete Section Three of the original Form I-9, sign, and date it.
  2. Employees whose employment authorization has expired must have their employment authorization re-verified via Section Three of the Form I-9. Employers should note that Section Three on the current version of the Form I-9 must be filled out. Filling out Section Three on older versions of the Form I-9 are not acceptable.
  3. Employees that have a Form I-9 with Section Three already completed must complete the same section on a new form and keep it attached to the existing Form I-9 paperwork.

 

Rehiring Employees After Three Years From The Employee’s Original Hire Date

Restaurants who are hoping to rehire employees that have an original Form I-9 date that is older than three years from today’s date, are required to complete a Form I-9.

In other words, an employer that is rehiring an employee that has worked for them for more than twenty years must still require that employee to fill out a new Form I-9.

 

How Lookout Services Can Help

Rehiring an employee at any point can be time consuming from a compliance standpoint. However, with the added urgency of reopening a restaurant post-coronavirus pandemic, the work involved to rehire and stay I-9 compliant can be somewhat overwhelming.

With more than twenty years of experience, Lookout Services is uniquely positioned to help restaurants meet the challenges of the rehiring process via digital I-9 compliance software which offers the following benefits:

  • A facilitated process that often saves time
  • A digital I-9 solution
  • Minimization of common Form I-9 errors including blank fields, incomplete fields, and missing signatures
  • Printable checklists for employers and employees
  • Time sensitive notices regarding multiple Form I-9 deadlines
  • Document tracking and archiving
  • Centralized reporting

 

If you are anticipating rehiring your restaurant employees post-coronavirus and require guidance on how to quickly onboard workers while still maintaining I-9 compliance, we hope you will consider enlisting Lookout Services as one of the newest members of your team.

I-9 Compliance For Mass Hires

While the spread of the coronavirus is causing some of the highest unemployment rates the nation has seen in years, many essential industries such as grocery retail, delivery services, and pharmacies are ramping up their hiring processes to accommodate the fast onboarding of staff. However, even in this time of crisis, companies must still maintain I-9 compliance for mass hires.

In addition to the increased pace of hiring which can be taxing for human resources departments, employers are now struggling to manage the Form I-9 process with some small changes brought about by these unprecedented times amidst the coronavirus pandemic. If your company is onboarding employees now, it is crucial to be familiar with the I-9 compliance process to protect yourself against future violations.

 

The Most Common Challenges for I-9 Compliance for Mass Hires

Even though some local offices of a company may be actively working, their corporate offices could be working remotely, which can be tricky when it comes to completing a hire that is Form I-9 compliant.  Some of the most common challenges for I-9 compliance for mass hires during coronavirus can include the ability for:

  • Employees and employers to fill out the Form I-9, specifically sections two and three
  • Employees to present employment authorization documents in person, face to face
  • Employers to review authorization documents in person for authenticity

 

Temporary Guidelines For Companies Operating Remotely That Wish To Hire

If an entire company’s workforce is working remotely during this difficult time, as of April 2020, they may have some flexibility regarding the inspection of authorization documents. It may be possible to virtually examine an employee’s authorization documents via fax, web-based conferencing, or a video call and consider them valid if:

  • The entire company is working remotely
  • The remote work policy is documented in house and with the Department of Homeland Security
  • The virtual method of inspection is documented on the Form I-9, specifically on sections two and three
  • A proper in person review of the employee’s authorization documents is done within three days following the expiration of the COVID-19 national emergency and is documented as such

As of April 2020, the virtual review of employment authorization documents is valid only until May 19, 2020 or three days after the national emergency is lifted. It is important to note that the coronavirus national emergency is a somewhat fluid situation, so it is crucial for employers to be certain what the hiring rules are at the time of hire to prevent being assigned noncompliance violations at a later date.

 

 

Temporary Guidelines For Companies Still Operating Regularly In Part That Wish To Hire

The rules are somewhat different for companies that are still operational, in part, with open offices.  While these companies may have flexibility in terms of selecting third-party authorized representatives to review an employee’s authorization documents, documents may not be reviewed virtually.

As of April 2020, employers that have at least one open office must still present employee authorization documents in person. However, an employer may temporarily be allowed to designate a third-party as an official authorized representative to review authorization documents and complete the Form I-9 in person.

Employers should be aware that federal and state guidelines regarding third-party designations may be different. For example, while a federal guideline may allow for a third-party to be designated as seen fit, some states require the third-party to have additional qualifications such as being a public notary.

 

I-9 Compliance Consequences

Despite the unique hiring challenges businesses across the nation are currently facing, the hiring process is to be taken seriously. Hiring companies may still be held liable for I-9 compliance violations made during the coronavirus pandemic, even those committed by a designated third-party.

 

Reducing Compliance Risks For Employers Amidst The Coronavirus Pandemic

While the need may be extreme for many companies to do mass hires to effectively serve the public, they are and will be held to federal I-9 compliance standards. To help combat possible overwhelming pressure on an employer’s human resources department during an already chaotic time, it may be worth enlisting the help of a compliance professional.

Lookout Services has more than twenty years of experience in assisting employers with onboarding employees in regard to proper I-9 compliance. In addition to their professional and knowledgeable staff, Lookout Services also offers digital I-9 compliance software which features the following:

  • Checklists for employees so they can review, in advance, the items needed to complete a Form I-9
  • Checklists for employers to keep each new employee on task in completing the Form I-9
  • A paperless, digital solution
  • Form deadline alerts for employers
  • Minimization of common Form I-9 errors such as blank spaces, incomplete fields, and missing signatures
  • The ability to track expiring documents and alert employers accordingly before it becomes a compliance issue
  • Assistance with document archiving
  • Centralized reporting
  • An optional interface with the federal E-Verify program complete with auto-population of E-Verify fields
  • Audit assistance such as mass prints of I-9 records and attachments

 

Don’t let a hasty mass hiring process put your company at risk for punitive consequences down the line. Consider a consultation with Lookout Services today to keep your company I-9 compliant through the pandemic and beyond.

How To Stay I-9 Compliant During Pandemic Related Closures

Employers that are hiring in the midst of these uncertain times are struggling with how to stay I-9 compliant during pandemic related closures. Many of these closures are affecting the validity of employee authorization documents and how employers can document special COVID-19 document extensions. By enlisting the help of a company that provides professional I-9 compliance guidance, employers may be better able to navigate the winding road ahead.

 

COVID-19 Temporary Guidelines For Hiring

As some companies continue to hire employees during these pandemic related closures, staying I-9 compliant is proving to be a challenge. To make things even more confusing there can be subtle differences on compliance rules depending on if a company’s entire workforce is working remotely or if at least some of their locations are physically open.

For companies that are entirely working remotely during the pandemic as of April 2020, there are some allowances being made for the virtual inspection of employee authorization documents through platforms such as web-based conferencing, fax, or virtual calls. To be eligible to do so, companies must do the following:

  • Have the entire workforce work remotely
  • Document the remote work policy with the Department of Homeland Security
  • Document the method of virtual inspection on the Form I-9 in sections two and three
  • Review tangible employee authorization documents in person within three days following the expiration of the end of the COVID-19 national emergency (or May 19, 2020) and then properly document this action

Companies that have at least some locations operating as normal, do not have the luxury of virtually inspecting employee authorization documents. However, they may be allowed to have a third-party act as an official authorized representative in reviewing authorization documents. Employers should note that some states may have more stringent rules on third-party designations than the national guidelines.

Whether employers are working remotely or have some physical locations open, it is crucial that they frequently check on government policy during this time of unprecedented change.

 

DMV Closures Affecting Employees Completing I-9 Forms

In this time of national business closures due to the coronavirus pandemic, many states have Department of Motor Vehicles (DMV) that are either closed or offering only limited services.

Unfortunately, this can have an unwelcome trickledown effect on employees attempting to successfully complete a Form I-9 for their employer. The primary problem with limited or no DMV services is that employees may have no other choice but to use an expired driver’s license as a form of identification on an I-9.

To help combat this issue, some states are extending the expiration date of state IDs and/or driver’s licenses.  While helpful, this presents a challenge for employers on how to document this unusual and temporary extension. The following steps may be helpful in this case:

  1. For employees with a driver’s license or state ID that is expired on or after March 1, 2020 in a state that has extended document expiration dates due to COVID-19, these forms of identification may still be acceptable as a List B document.
  2. To protect against I-9 violations, employers must document the acceptance of these documents in Section 2 of the form and enter the term COVID-19 EXT in the Additional Information Field.
  3. For added protection, employers should attach a copy of the DMV’s webpage or other supporting documentation as proof of the document extension.

Employers should check their state’s Motor Vehicle Administration or Department of Motor Vehicle’s website to confirm if they have or have not auto-extended the expiration date of driver’s licenses and state IDs.

 

How DMV Closures or Limited Services May Affect the E-Verify Process

Some companies either voluntarily or by mandate use the federal E-verify system to complement the Form I-9 process. Expired driver’s licenses and state IDs can cause some issues with E-verify as well.

In the case that an employee has an expired driver’s license or state ID that is eligible for an extended expiration date in their state due to COVID-19, employers should enter the actual expiration date of the employee’s document for E-verify purposes.

That said, the coronavirus crisis is causing many standard procedures to be reevaluated on an almost daily basis. Employers should check E-verify’s website daily for frequently asked questions to ensure proper procedure is being followed.

 

How Professional I-9 Compliance Guidance May Be Helpful

Learning how to stay I-9 compliant during pandemic related closures is just one of many issues that employers currently have on their plates, and it is overwhelming for many. Employers may want to consider enlisting the help of a company who specializes in professional I-9 compliance to assist with lightening their load and helping them stay on top of COVID-19 related compliance issues.

Lookout Services has provided I-9 guidance to employers for more than twenty years and offers digital I-9 compliance software that features the following:

  • A digital solution for I-9 compliance
  • Printable checklists for employees and employers to help keep everyone on task for completing the Form I-9 in advance of section deadlines
  • Time sensitive alerts for employers regarding impending deadlines
  • Minimization of frequently made Form I-9 errors such as incomplete fields, blank fields, and missing signatures
  • Document tracking
  • Document archiving assistance

 

Let Lookout Services assist you in learning how to stay I-9 compliant during pandemic related closures.  Call us to set up a virtual consultation today.

Evolution of US Immigration Policy and the Form I9

A Reminder of Why We Do What We Do

It’s easy to fall into a mode of merely complying with the details of the regulations that shape the slices of the world we inhabit, but a look at how the I-9 culture evolved can remind us that it isn’t just busy work the government imposes upon us. Government is by habit and nature reactive, so the current version of the Employment Eligibility Verification form (I-9) is the latest iteration resulting from a series of events leading up to a form that serves an interest. Understanding its history can be instructive in showing us that collection and maintenance of this data is an expression of modern societal values, regardless of whether they are right or wrong.

A Little History On The I-9 Form

The founding fathers of the United States promoted a policy of open immigration, inviting all to our shores to seek their fortunes. The restrictions in those early days were placed on naturalization—you could come here to work, but you couldn’t vote or hold office unless you became a citizen. This was the general attitude until after the Civil War, and today, an enduring legacy of that policy is the Constitution’s requirement that a president must be born in the U.S.

In 1921, Congress developed the National Origins Formula which used the numbers of foreign-born residents from the 1910 census to establish proportional quotas by country for future immigration. The reference census shifted over the years to support the values of the day, but immigration was essentially frozen during the Depression. The Immigration and Nationality Act of 1952 mainly changed the quotas yet again, but the 1965 amendments to that law abolished the national origins system altogether and focused priorities instead on immigrants with skills our workforce needed.

1986 brought us to the foundation of current policy with the bipartisan passage of the Immigration Reform and Control Act which, for the first time, created penalties for knowingly hiring undocumented workers. The idea was to preserve the American tradition of legal immigration while putting a stop to the illegal variety. The fear of terrorism generated legislation in 1996 that would vastly increase the number of deportations for criminal activity, and then 9/11 happened, perpetrated by 20 foreign terrorists who had entered the country legally.

The attacks altered the thinking in a lot of areas, but Congress has yet to agree on a path to immigration reform. Instead, it created the Department of Homeland Security (DHS) to, in part, oversee immigration through three newly formed agencies: US Customs and Border Protection, Immigration and Customs Enforcement (ICE) and US Citizenship and Immigration Services (USCIS). USCIS is responsible for documenting alien employment authorization (the I-9) and running the E-Verify program, while ICE is responsible for enforcing I-9 compliance. Other divisions within DHS are meant to ensure that these provisions are not applied by businesses or the government in a discriminatory manner.

The introduction and reintroductions of the DREAM Act over time have, however, produced an unofficial consensus that undocumented immigrants who graduate from American high schools and attend college or join the military should be granted a path to citizenship. President Obama bolstered this value with executive orders effectively delaying the deportation of such people.

Immigrant visas are still limited, but immigrants generally become eligible for citizenship after five years of legal residence unless they were admitted through temporary work permit or student visa, neither of which provides a path to citizenship. Illegal immigration peaked at over one million in 2000 but is thought to have declined by half by 2009.

So Where Does that Leave Us?

Employment in the US is considered the magnet that draws illegal immigrants, so the theory is that they will not come if they cannot work. Employer sanctions are therefore designed to make cheaper labor less attractive than compliance. This paradigm forms the basis for the regulatory plan that resulted in the I-9. By making employers liable for hiring undocumented workers, fear of punishment for noncompliance is what prevents these workers from attaining the financial means to remain in this country, and, the government hopes, deters others from entering illegally.

The I-9 form requires the employer to scrutinize the prospective employee’s identity papers. Employers need to check for two things: (1) to verify that this person reasonably appears to be who he or she purports to be and (2) to confirm that he or she can document an immigration or citizenship status that permits eligibility to work in the United States. By requiring that employers do so within three days, the government is ensuring that employers do not let this step fall through the cracks. By requiring a signature, the government is encouraging employers to be thorough in their examination of the presented documents and honest in their assessment under threat of perjury charges. By requiring employers to retain a form containing unexpired documentation for each employee, the government is holding them accountable for ongoing verification that the employee remains eligible to work in the U.S. Employers are, therefore, on the frontlines of executing this policy.

Regardless of an employer’s position on the various issues that make up immigration policy, ICE’s surge in enforcement actions and promise to expand them even further is the reality. The current administration continues to commit unprecedented amounts of resources to enforce existing immigration and employment laws. This means that the government is watching employers closely and won’t hesitate to investigate for any reason. If ever there were a good time to reevaluate I-9 compliance procedures so a business can survive an audit unscathed, it is now.

2019 Primer To the Immigration and I9 Compliance Laws

FY 2018 saw the number of Immigration and Customs Enforcement (ICE) worksite investigations quadruple, so it’s a good time to consider how to be compliant with immigration laws and I-9s in 2019. The federal government is actively seeking companies that employ undocumented workers as a means of rooting out existing illegal immigration and deterring it in the future. The idea is that they will not come if they cannot work, and employers represent the main line of defense. ICE doesn’t need an excuse to check on whether you’re doing your part—agents may knock on your door for any reason.

Every indication is that this surge in enforcement will continue. ICE received over 12% of the Department of Homeland Security’s entire budget for FY 2019, and folded into this budget is funding for 3,312 additional staff to handle the increased caseload. At the same time, E-Verify received $131.9 billion to upgrade systems in preparation for making it mandatory for all businesses across the nation. The pressure isn’t letting up, and all you can do is be prepared when the auditors arrive. It’s a good time to tighten up procedures, and working with a knowledgeable partner to guide you in performing a self-audit is an ideal place to start. A self-audit can identify holes in the I-9 compliance process and give you notice to fill them before it’s too late.

Be Careful Not to Discriminate

The Immigration and Nationality Act of 1965 put an end to government-backed immigration preference for northern and western Europeans. Instead of continuing to set quotas by country, priorities were instead focused on family connections and adding needed skills to the workforce. The relevant provisions in this context, however, relate not only to methods of administering I-9s but also in auditing procedures. The law generally prohibits these types of conduct:

  • Unfair practices in documenting the I-9 and E-Verify;
  • Discrimination in citizenship or immigration status;
  • Discrimination by national origin and
  • Intimidation or retaliation.

When performing a self-audit, an employer may decide to review either all forms or a sample of forms. If the sample option is chosen, the sample must be taken in a neutral and nondiscriminatory manner. Criteria for the sample set must avoid even the perception of discriminatory or retaliatory intent. To accomplish this, do not self-audit based on an employee’s national origin or citizenship status or in retaliation for any reason. Consider the audit’s timing, scope and selective nature as well.

How to Correct I-9 Errors

Section One of the I-9 is always to be filled out by the employee, and an employer may not correct errors found there. Instead, the employee should draw a line through the mistaken information, correct it and initial and date the correction. If someone helps the employee to accomplish this task, that person’s information should appear in the preparer/translator block of the form. If the employee no longer works for the employer, a statement describing the error and why its corrections cannot be made should be attached to the form.

The employer should correct mistakes made in Section Two in the same manner. Mistakes should not be concealed—like with liquid paper—or backdated. If there are too many mistakes to reasonably correct on the original, a new I-9 may be generated as long as the incorrect version is attached and explained.

Miscellaneous Pearls of Self-Audit Wisdom

  • The forms required for eligibility verification change over time, but the important point is which forms were acceptable at the time the I-9 was completed.
  • If a self-audit reveals that a form was never completed or is missing, one should not be backdated. Instead, a form should be immediately completed, and the employer should enter the correct date of employment in Section 2. A statement explaining the error should be attached to the form.
  • If an employer subsequently concludes that the documentation presented by the employee does not appear genuine or accurate, the employer should give the employee the opportunity to provide acceptable substitutes. The simple fact, however, that a photocopy of acceptable documentation is unclear is not sufficient to question it—the employer must have a foundation for skepticism.
  • Simply requiring individual employees to complete new forms (absent a merger or acquisition) when errors are found should be avoided. Without sufficient justification, allegations of discrimination may arise. Exceptions may be made when systemic errors are found in the I-9 process that make deficient forms widespread.
  • It is illegal to knowingly employ an alien who is not authorized to work in the United States, and “knowingly” can be merely inferred in the course of exercising reasonable care. If your audit reveals such an employee, continuing to employ him or her places you outside the bounds of the law.

With each new ICE agent on the payroll, the chance of the agency’s attention falling on you increases. It no longer pays to take a chance with hiring cheaper, undocumented labor or phoning in I-9 procedures. It’s not too late to revise your approach, and a self-audit can give you a chance to solve problems before ICE auditors take an interest. It may not insulate you from all liability, but it will demonstrate good faith.

What To Expect When You’re Expecting…ICE Auditors That Is

Immigration and Customs Enforcement (ICE) has increased worksite investigations, making understanding I-9 audits more relevant than ever for business owners. When a negative audit can cause millions of dollars in fines and penalties as well as prison time, it pays to evaluate procedures and perform a self-audit before ICE does. The agency is particularly concerned with industries that (1) pertain to critical infrastructure or (2) have traditionally been known to exploit undocumented workers. But even an anonymous tip can bring agents to your door. Here’s an overview of what to expect with an ICE investigation.

Understanding I-9 Audits

The Immigration Reform and Control Act of 1986 mandated that employers verify both the identity and work eligibility of each employee thereafter and provided for civil and criminal penalties for violations. Subsequent regulations created the Employment Eligibility Verification Form (I-9) as the means and require employers to maintain I-9s for current employees always, and former employees for a time. The federal government has the right to inspect the forms, and that process begins with serving a Notice of Inspection (NOI), giving the employer a minimum of three business days to produce an I-9 for each employee. The NOI may also request additional documentation such as a payroll copy, Articles of Incorporation or business licenses. ICE audits the forms and documentation, inspecting them for technical or procedural violations.

The most common notifications are these:

  • Notice of Inspection Results—Often called a “compliance letter,” the business is told it has been found to be I-9 compliant.
  • Notice of Suspect Documents—The business is told that an employee’s documentation is insufficient and he or she is therefore unauthorized to work. Both the employer and employee may attempt to establish legitimacy, but the employer is open to criminal and civil penalties for continued employment.
  • Notice of Discrepancies—ICE has been unable to determine work eligibility so additional documentation is required to verify status.
  • Notice of Technical or Procedural Failures—If errors are found, the employer has ten business days to make corrections. If left uncorrected, technical and procedural failures become substantive violations.
  • Warning Notice—A warning is issued when substantive violations are found, but the employer is expected to comply in the future. These do not reach the level of financial penalty.
  • Notice of Intent to Fine—Fines may result for:
    • Substantive violations;
    • Uncorrected technical violations;
    • Knowingly hiring undocumented/ineligible workers, or
    • Continuing to employ undocumented/ineligible workers.

If the case reaches the level of fines, each violation will be detailed, and the employer may either negotiate a settlement or request an administrative hearing within 30 days. If he does nothing, a Final Order is issued.

Determination of Fines

Fines are based on an equation derived from two schedules, typically calculated from the date of inspection:

Knowing Hire/Continuing to Employ Fine Schedule

+

Substantive/Uncorrected Technical Violations Fine Schedule

Each schedule can be enhanced or mitigated by what ICE calls the Enhancement Matrix.

Knowing Hire/Continuing to Employ Fine Schedule—ICE will divide the number of these violations by the total number of employees for the violation percentage. The schedule is allocated by percentage and increases with the number of times the employer has violated this law. The range is currently from $548 to $19,242 but is subject to change with inflation.

Substantive/Uncorrected Technical Violations Fine Schedule—ICE will divide the number of violations by the total number of employees for the violation percentage. Also allocated by percentage, this schedule increases on whether it is the employer’s first, second or third+ offense. The range is currently from $220 to $2,191.

Enhancement Matrix—Each schedule’s fine may be enhanced or mitigated by up to +/- 5% based on the following six factors:

  • Business size;
  • Good faith;
  • Seriousness;
  • Unauthorized aliens;
  • History and
  • Cumulative adjustment.

While this is the typical means of determining fines, violations can also result in:

  • Additional civil or criminal penalties for a pattern of violations;
  • Debarment from government contracts;
  • Back pay for individuals discriminated against, or
  • Being required to hire individuals discriminated against.

Recheck Your I-9 Procedures

ICE’s goal with its surge in investigations is to promote a “culture of compliance” to enhance public safety and national security while protecting lawful companies from unfair competition. The safest way to live in such a culture is to comply fully with it. I-9s are legal documents, and businesses are liable for administering them properly and for keeping up with changing immigration and employment laws. Performing a self-audit can be a useful exercise to reinforce I-9 compliance procedures. I-9 software can be helpful in filling out and tracking the forms and expiration dates, as well as incorporating changes to the law and regulations. Whatever your approach, it’s preferable to have a solid system in place, just in case ICE comes knocking.