Year-End Compliance Check

Here are 5 things that you can do as the year comes to a close to evaluate compliance with E-Verify and Form I-9. See how your end users are doing and how your Compliance Program performed in 2012. We invite you to contact us for assistance with these or any other matters you discover during your review.

  • Review all Open E-verify cases: Identify any cases which have been open for more than 10 days, discover the reasons for untimely completion, resolve issues, and complete cases.
  • Update Termination Dates: Request termination dates from payroll, and batch process termination dates to I-9 records.
  • Match I-9s and Payroll: Request employee list from payroll, batch process Matching I-9 records against employee list.
  • Review Three Days Section 2 Unsigned Report: Identify unsigned I-9 Records, discover the reasons for untimely completion, resolve issues, and complete signatures.
  • Review Retention Expired Records: Identify retention expired records using the Retention Report, then notify Lookout for assistance with record removal.

Field Guidance on Electronically Generated Forms I-9

Although the regulations for the Electronic Generation, Signature, and Storage of Form I-9 have been in existence for several years, Department of Homeland Security recently released a Memorandum which provides guidance to field officers conducting audits of Forms I-9 created in electronic I-9 systems. This guidance has prompted auditors to engage in not only an audit of Form I-9, but also a review of how electronic generation, signature, and storage are accomplished in the Form I-9 system.

Employers may be asked to complete questionnaires which provide insight into the workings of the electronic system. Auditors are also likely to request a real-time demonstration of the Form I-9 process using the electronic system. Both requests are designed to allow the auditor to assess the electronic system’s compliance with the regulations.

The regulations governing electronic processing of Form I-9 are found at 8 CFR section 274a.2(e), (f), (g), and (i). These requirements are also addressed in the Handbook for Employers (M-274) beginning on page 24.

Form I-9 Changes Still Pending

In March, USCIS proposed some significant changes to Form I-9. These changes included adding employee phone number and email as optional fields in Section 1. The proposal also called for requesting additional details in Section 1 for Aliens Authorized to Work in the United States, such as foreign passport number and country of issuance. A significant number of comments were received during the comment period. Common submissions signaled concerns about employee confusion during Section 1 completion and the additional time required for processing the two page form. As of this writing, the proposed form remains pending. USCIS has instructed employers to continue using Form I-9 (Rev. 08/07/09) Y despite the form’s expiration date of 08/31/2012.