Form I-9 compliance is an ever-changing exercise – a field where the goalposts have been known to move at times:

> In the last 12 months alone, USCIS has implemented and mandated a radically revised Form I-9

> They (along with the DOJ) have issued an alarming warning regarding non-compliant electronic I-9 systems, many of which are commonly used by employers

> They announced a poorly defined new pilot program which they are calling Everify+, that raises more questions than it answers for employers

> They have completely revolutionized the requirements for an in-person meeting for document verification for the Form I-9

You can read the DOJ warning here: https://www.justice.gov/d9/2023-12/joint_form_i-9_software_guidance_12_19_23.pdf

Don’t Mess Around with I-9 Compliance

Since the genesis of the Form I-9 in 1987, and of Basic Pilot/E-Verify in the early 2000s, employers have faced extensive, sometimes ill-defined federal regulations, issued guidance and even retroactive redeterminations of the most basic rules for I-9 and E-Verify deadline dates, post hire. Nonetheless, an employer is expected to complete and retain perfectly compliant I-9 Forms in the event they are chosen for a worksite enforcement audit by ICE/USCIS/DOJ.

Thankfully, since the outbreak of COVID in 2020, ICE worksite enforcement actions have mercifully diminished to nearly nothing; however, that will soon change as USCIS has stated in the Federal Register, regarding the I-9 rule change, that “DHS will monitor and evaluate data and information from ICE Form I–9 audits after the implementation of this alternative procedure to assess any measurable impacts to system integrity (such as error or fraud rates).”

Failing an I-9 audit can result in fines of thousands or even hundreds of thousands of dollars, and even, in egregious cases, jail time for guilty management. Even using an electronic I-9 compliance tool is no guarantee of I-9 compliance if it is not the right tool meeting all federal requirements specific to electronic Forms I-9 and to Form I-9 electronic signature.

There have even been federal audit cases where an employer has been deemed to have no I-9s at all because the electronic I-9 system used was not compliant with the federal laws governing specific electronic I-9 signature requirements, and were fined millions of dollars for being ignorant of what they could hardly be expected to know.

Our Experts Can Help

With nearly 20 years of experience in developing and implementing I-9 tools designed to streamline business compliance issues, our team consists of the most knowledgable experts in the field. From assisting with the rollout of the first electronic I-9 / E-Verify product, to startup consulting with later well-regarded entrants to the world of electronic Form I-9 compliance, we’ve done it all.

We’ve done speaking engagements as subject-matter experts at SHRM conventions, complete Form I-9 troubleshooting with businesses both large and small, designing and implementing one of the earliest networks of remote agents to solve the remote employee I-9 signatory dilemma, and full scale I-9 audits.

We continue to stay ahead of the game by monitoring ICE worksite enforcements, recent or pending state mandates touching on compliance, and federal hints, guidance, updates and tentative new programs impacting employer compliance and liability.

Announcing SafestHires I-9 and E-Verify Compliance Services

Free Consultation
No need to wonder if you are compliant – and it’s probably not the best policy to simply assume that you are. We offer employers of any size an initial free consultation to determine if their current Form I-9 systems and practices are fully compliant. This consultation considers potential risks and liabilities with your current process, and if we discover any red flags, we will suggest Best-Practices moving forward.

Industry Leading Electronic Form I-9 and E-Verify System
SafestHires offers its clients access to an industry-leading, Best-In-Class electronic I-9 and E-Verify system with 22 years of customer satisfaction for its legal compliance, affordability and user ease. Our system will save your overworked HR Department time and worry, whether you hire 5 people a year or 5,000 a month. For customers desiring it, the Federal Government’s E-Verify program seamlessly integrates with the I-9 system, so that all of your I-9 associated records are located in one easily accessible system.

In-House Monitoring
We offer in-house monitoring of your Form I-9 and E-Verify records to insure your compliance with those laws and regulations which an electronic tool cannot enforce, such as time-deadline compliance for Form I-9 and E-Verify and E-Verify photo match and TNC resolutions which require user interaction.

We also provide in-house monitoring of federal and state rule and law changes that could impact employer-client compliance. When anything changes or threatens to change in the wide world of hiring compliance, SafestHires alerts its clients who might be impacted, to meet the challenges of any new rules and regulations. For example, in 2023, the State of Florida made E-Verify mandatory for those Florida companies with over 25 employees. That seems simple enough, but see here for the complexities involved: https://floridarevenue.com/taxes/Documents/eVerifyFAQs.pdf

Preemptive Compliance Audits

In addition to the service offerings above, SafestHires can perform comprehensive or partial compliance audits of an employer’s existing Forms I-9 and (a) report to the employer on recommended remediations the employer can take toward full compliance, or (b) whenever possible handle the remediations in house. In the event of an ICE Form I-9 audit, awareness of noncompliance and a program put in place to remedy known noncompliance in the future often mitigates monetary penalties altogether, and so, a preemptive audit and remediation project is the best first step toward liability-proofing your current Form I-9 library.

For employers converting to the SafestHires Form I-9 system, we also offer in house data entry and data conversion of your existing I-9s, paper or electronic, into our system.

To learn more, please schedule a discovery call with us here.