Form I-9 and E-Verify News

E-Verify status change report

marc.villella@transcendsoftware.net (Marc Villella) — Sun, 29 Jun 2025 19:11:39 GMT

On Friday June 20, 2025, USCIS sent an e-mail to E-Verify employers and posted information on its website about a new “Status Change Report” that lists revoked Employment Authorization Documents (EADs) for certain impacted employees.

Employers that obtain this report and see a status change for EADs need to check-in with their employees who presented the EADs on the list and reverify their employment authorization, providing the opportunity to present other documentation as proof of continuing work authorization. The Department of Homeland Security (DHS) is presently revoking the EADs of parolees who were granted work authorization. It’s possible that while in the U.S., impacted employees may have obtained a different work authorized status and have another basis for employment. (For example, an employee who entered as a parolee under the CHNV program may have applied for asylum and have an EAD based on that application.)

The E-Verify notices sent and posted on June 20 link to an EAD Revocation Guidance For E-Verify Employers | E-Verify. This guide includes a table that lists the “Date Employee’s EAD was Revoked” (currently listed as range) and the “Date Information Available in E-Verify Status Change Report” (currently June 20, 2025). The E-Verify notices indicate that the case status report will be “regularly updated as DHS revokes EADs”.

Direct E-Verify user employers must run the reports in their E-Verify accounts. Employers working with an E-Verify agent must obtain the report from the E-Verify agent.

Employers that do not regularly review reports and take required action (re-verification or termination, depending on evidence of continuing employment) run the risk of continuing to employ unauthorized workers.

Understanding the DHS Alternative Procedure Policy: Requirements and Compliance for Employers

Tue, 18 Mar 2025 15:37:25 GMT

The Form I-9 employment verification process has been a routine part of hiring in the United States, ensuring that businesses verify the work authorization of their employees. However, for organizations with remote workforces, the traditional requirement of in-person document verification has posed significant logistical and administrative challenges.

To address these concerns, the Department of Homeland Security (DHS) introduced the alternative procedure for Form I-9 document verification in 2023, which allows qualifying employers to complete the verification process remotely. While this new option provides greater flexibility, it also comes with eligibility criteria and compliance requirements that organizations must fully understand before implementation.

In this article, we will break down the DHS alternative procedure policy requirements, explain what employers need to do to stay compliant, and highlight how GryphonHR’s I-9 compliance solutions can help businesses navigate this evolving landscape.

What is the DHS Alternative Procedure?

The DHS alternative procedure, introduced on August 1, 2023, enables certain employers to verify Form I-9 documents remotely rather than conducting in-person inspections. This policy was developed following the expiration of COVID-19 temporary flexibilities, which had allowed remote document verification due to pandemic-related restrictions.

Under this new procedure, eligible employers can use live video interaction to verify employee identity and work authorization documents instead of requiring physical presence. However, this option is not available to all employers—only those who meet specific DHS and E-Verify participation requirements may use it.

Eligibility Requirements for Using the Alternative Procedure

Employers must meet several key requirements to qualify for the DHS alternative procedure:

1. Active E-Verify Enrollment

To use remote I-9 verification, employers must:

Be enrolled in E-Verify at the time of verification.
Be in good standing with E-Verify, meaning they have complied with program rules.
Have completed an E-Verify case for every employee for whom they use the alternative procedure.

2. Consistent Application Across the Workforce

Employers cannot selectively apply the alternative procedure on a case-by-case basis. Instead, they must:

Use the same verification method for all employees at a specific worksite or hiring location.
Apply the alternative procedure consistently for all remote hires (if choosing to use it for remote workers).
Ensure no discriminatory practices in how the procedure is implemented.

Employers still have the option to conduct in-person document verification if they prefer. However, once the alternative procedure is chosen for a group of employees, it must be used uniformly to maintain compliance.

3. Live Video Interaction Requirement

Employers must personally review documents during a live video call—simply receiving scanned copies of documents via email is not enough. The process includes:

Employees submitting copies (photos or scans) of their identity and work authorization documents.
Employers scheduling a real-time video call to examine the physical documents while the employee presents them on-screen.
Confirming that the documents appear genuine and belong to the employee.

This step ensures that employers properly verify the documents before completing Section 2 of Form I-9.

4. Document Retention and Recordkeeping

Unlike the traditional in-person verification process, the alternative procedure requires employers to:

Retain copies of all documents that employees present for verification.
Store these copies securely for the entire retention period required under Form I-9 rules (typically three years after the date of hire or one year after termination, whichever is later).
Ensure that records are easily accessible in case of an audit or compliance review.

Steps for Employers to Implement the Alternative Procedure

For employers who meet the eligibility criteria, the process of using the DHS alternative procedure involves four key steps:

Step 1: Employee Submits Documents

The employee provides digital copies of their Form I-9 documents before the live video call.
Employers must ensure that the copies are clear and legible.

Step 2: Live Video Verification

Employers schedule and conduct a live video meeting with the employee.
The employee physically holds up their original documents for verification.
The employer verifies that the documents match those submitted and appear authentic.

Step 3: Form I-9 Notation and Completion

The employer completes Section 2 of Form I-9, indicating that the alternative procedure was used.
A checkbox is available in Section 2 to confirm remote verification.

Step 4: Secure Document Storage

The employer retains copies of the documents in a secure digital or physical format for recordkeeping.
The documents must be accessible for DHS or ICE audits if requested.

Potential Compliance Risks and Challenges

While the alternative procedure offers convenience, it also introduces new compliance risks that employers must carefully manage.

1. Discrimination and Inconsistent Application

Employers must avoid discrimination claims by applying the alternative procedure uniformly and ensuring it is not used selectively in a way that disadvantages any employee or group of employees.

2. Security and Data Privacy

Storing employee document copies creates additional data security responsibilities. Employers should use encrypted digital storage and implement access controls to protect sensitive information.

3. Audit Readiness

Since DHS may conduct audits to review compliance, employers must ensure they have complete E-Verify records for all employees verified remotely, properly stored document copies, and they have followed all steps required by the alternative procedure.

How GryphonHR Simplifies I-9 Compliance for Remote Verification

Managing Form I-9 verification—especially under the DHS alternative procedure—requires advanced compliance tools, secure document management, and seamless automation.

GryphonHR’s I-9 compliance platform provides a comprehensive solution to help employers navigate the complexities of remote verification.

Why Choose GryphonHR for Your I-9 Process?

Seamless Remote I-9 Verification – GryphonHR’s platform supports live video-based verification, ensuring compliance with DHS rules.
Automated E-Verify Integration – GryphonHR streamlines E-Verify case submissions, reducing manual errors and delays.
Secure Digital Document Storage – Employers can securely store and manage employee documents, ensuring audit readiness.
Compliance Alerts & Guidance – GryphonHR provides real-time compliance tracking, helping HR teams avoid risks and maintain consistency.
Virtual I-9 remote completion – engage with GryphonHR as a virtual agent and have your employees meet with us remotely to complete the I-9 using the DHS alternative procedure method.

The DHS alternative procedure represents a major step forward in modernizing employment verification, but it also demands strict adherence to federal compliance rules. GryphonHR helps employers navigate these changes by automating remote verification, enhancing security, and ensuring full I-9 compliance.

Ready to Upgrade Your I-9 Process?

Contact GryphonHR today to learn how our I-9 compliance solutions can help you streamline remote verification, reduce compliance risks, and improve hiring efficiency.

Preparing for and Conducting an I-9 Audit: A Guide to Improving Compliance

Thu, 09 Jan 2025 03:00:58 GMT

In today’s complex regulatory environment, employers must prioritize compliance with various labor and immigration laws, especially when it comes to verifying the identity and work eligibility of employees. The Form I-9, required by U.S. Citizenship and Immigration Services (USCIS), is a crucial document for ensuring that employers are hiring individuals who are authorized to work in the United States. Regular I-9 audits are essential to avoid costly penalties, ensure workforce compliance, and streamline the hiring process.

1. Understand the I-9 Requirements

Before embarking on an I-9 audit, it’s important to have a thorough understanding of the requirements associated with the form. The Form I-9 must be completed for every employee hired after November 6, 1986, and must be retained for at least three years after the date of hire, or for one year after the employee’s employment is terminated—whichever is later.

The form is divided into three sections:

Section 1 : The employee’s personal information, including citizenship status.
Section 2 : The employer’s verification of the employee’s documents to confirm work eligibility.
Supplement B (formerly Section 3) : Used for reverification or rehires.

The forms must be accurately completed, and the documentation provided by employees should be examined and verified. Incomplete or incorrect forms can lead to penalties.

2. Prepare for the Audit

An I-9 audit begins with preparation. To ensure you conduct a smooth and effective audit, follow these steps:

a. Review Existing Policies and Procedures

Start by evaluating your current I-9 procedures. Ensure that your HR team or hiring managers are consistently following proper protocol for completing the forms. A clear, documented process for filling out I-9s and managing records is crucial.

If you rely on paper forms, consider transitioning to an electronic I-9 solution, which streamlines data collection, reduces human error, and provides a centralized location for managing I-9 forms.

b. Gather All I-9 Forms and Supporting Documents

For the audit, you’ll need to collect all current and past employees’ I-9 forms. If you’re using a digital system, this should be a straightforward process. Otherwise, gather all the physical files, which may include additional paperwork like copies of supporting documents for each employee.

Organize the documents by hire date or employee group to ensure a structured audit process. Be sure to include any I-9 forms for employees who have left your organization, as their forms must be retained for the legally required time.

c. Identify a Team or Partner for the Audit

Depending on the size of your organization, you may need a dedicated team to handle the I-9 audit. For smaller organizations, HR personnel or a compliance officer might suffice. For larger businesses, consider hiring an external consultant or law firm specializing in immigration compliance.

Ensure that the team understands the regulations around the I-9 process and is equipped with tools, like checklists or I-9 software, to guide them through the audit.

3. Conducting the I-9 Audit

Once you’ve gathered the necessary materials and formed your audit team, it’s time to dive into the audit process. The audit involves reviewing all I-9 forms and identifying discrepancies, errors, or missing information.

a. Check for Completeness and Accuracy

Examine each I-9 form to ensure the following:

Section 1 : Has the employee filled out the section completely and signed it? Ensure that the employee’s name, date of birth, and other identifying information are accurate. For forms dated after March 2013, but before August, 2023, make sure N/A values are populated for required fields, where applicable.
Section 2: Has the employer reviewed the employee’s documents, listed the correct document numbers, and signed the form on time? The employer’s signature is required within three business days of hire. For forms dated after March 2013, but before August, 2023, make sure N/A values are populated for required fields, where applicable.
Supplement B (formerly Section 3) : If the employee has been rehired or the work authorization has expired, has the form been properly updated and signed?

Common mistakes include missing or incorrect document numbers, incorrect document expiration dates, failure to reverify work authorization, and missing signatures.

b. Verify Document Authenticity

It’s essential to ensure that the documents submitted by employees for identity and work authorization are legitimate and match the details on the I-9 form. Be cautious of any discrepancies in the documents or signs that the documents may be fraudulent.

Employers are not required to be experts in document verification, but they should be familiar with what constitutes acceptable documents and ensure they match the categories listed in the I-9 form. The USCIS provides a Handbook for Employers to guide document verification.

c. Address Errors and Non-Compliance

When you identify errors or omissions, document each instance and correct the issue. Some errors can be easily corrected by updating the form, while others might require more complex adjustments. If the error is severe, such as hiring someone who is not authorized to work, consult legal counsel immediately.

If an employee is no longer with the company and the form is incomplete, it may be necessary to create a new, corrected I-9 if the record-keeping requirement is still in effect. However, if the employee has already left, and the form is beyond the retention period, the document may be discarded.

4. Reporting and Correcting Non-Compliance

Once the audit is complete, compile a report detailing the findings, including any non-compliance issues or patterns you’ve observed. Share this report with relevant stakeholders, such as HR leaders or legal counsel.

For any discrepancies or errors found during the audit, it’s important to take corrective actions, such as:

Completing missing or incomplete forms.
Revising incorrect information.
Taking steps to ensure that your organization is in compliance with I-9 regulations going forward.

If serious violations are discovered (e.g., intentional misrepresentation or hiring unauthorized workers), you may need to consider voluntary self-disclosure to authorities, or take steps to rectify the situation to mitigate potential fines or penalties.

5. Improving I-9 Compliance Going Forward

An audit can reveal weaknesses in your internal processes. Use the findings from the audit to improve future I-9 compliance. Consider implementing the following:

Training : Regularly train HR personnel, hiring managers, and any other relevant staff on I-9 compliance to reduce errors.
Technology : Invest in electronic I-9 systems that offer real-time error checking, automated reminders, and audit trails. These systems can greatly reduce manual errors and improve compliance rates.
Standard Operating Procedures (SOPs) : Update your I-9 procedures, create checklists, and implement standardized workflows to ensure consistency across your hiring process.

Conducting a thorough I-9 audit is essential for maintaining compliance with federal immigration laws. By preparing properly, checking for errors, and taking corrective action when necessary, you can minimize the risk of penalties and ensure that your hiring processes are as efficient and compliant as possible. Regular audits, coupled with proper training and updated technology, will help you maintain long-term compliance and avoid costly mistakes.

A step by step guide to E-Verify for HR Teams

Thu, 07 Nov 2024 18:07:25 GMT

With hiring processes more complex than ever, E-Verify offers HR teams a streamlined, efficient way to confirm the work eligibility of new hires. However, navigating the E-Verify system can be overwhelming for HR professionals, especially as legal compliance around employment eligibility intensifies. Fortunately, technological solutions, such as GryphonHR’s platform, make E-Verify faster, more secure, and easier to integrate with existing systems. This guide walks you through the E-Verify process step-by-step, offering insights on how HR technology simplifies each stage for a seamless experience.

Step 1: Registering with E-Verify

Process Overview
To start using E-Verify, your organization must first enroll in the system. Registration is typically straightforward but involves a few important steps to ensure compliance and user security.

Steps to Register:

Visit the E-Verify Website : Go to the official E-Verify website (www.e-verify.gov) and select the option to "Enroll."

Read and Accept the Terms : You will need to review and agree to the program rules, and establish an Enrollment Point of Contact. This person is responsible for managing the E-Verify enrollment process for your company.

Enter Company Information : Input basic company details, such as business address, Employer Identification Number (EIN), and industry type.

Create User Accounts : Identify which employees will have access to E-Verify. Each will need a secure account with unique login credentials.

How HR Technology helps:
HR technology solutions can simplify registration by securely storing and managing information required for enrollment, reducing the time spent on administrative tasks. Many HR platforms also integrate directly with E-Verify, allowing for easier user access and management.

Step 2: Gathering Necessary Employee Documentation

Process Overview
To complete an E-Verify check, employees need to provide documents that confirm both identity and eligibility to work in the U.S. Typically, this step involves I-9 Form documentation, such as a passport or a combination of documents (e.g., driver’s license and Social Security card). Note that a Social Security Number is required to create a case in E-Verify.

Steps for Documentation Gathering:

Complete Form I-9 : Collect the employee's I-9 form and ensure all information is accurate.

Verify Acceptable Documents : Cross-check that the documents provided are valid and current.

Retain Copies (if applicable) : Although not required by E-Verify, retaining copies of I-9 documents may help with internal recordkeeping.

How HR Technology Helps:
HR tech tools streamline this stage by incorporating automatic prompts to verify which documents are acceptable, automatically filling out fields, and securely storing these documents to prevent loss and unauthorized access.

Step 3: Initiating the E-Verify Process for a New Hire

Process Overview
Once documentation is ready, you can enter the information into E-Verify to confirm work eligibility. This step involves several sub-steps and should be completed within three days of the employee’s start date.

Steps to Initiate E-Verify:

Select “New Case” : Start a new case for each employee.

Enter Employee Details : Input information from the I-9 form, including the employee’s name, Social Security number, and document numbers.

Review and Confirm : Double-check the accuracy of all entries and submit the case for verification.

How HR Technology Helps:
Platforms that integrate with E-Verify allow HR teams to initiate and complete E-Verify cases without leaving their existing HR system. This integration minimizes data entry errors, reduces manual input time, and allows for real-time tracking.

Step 4: Reviewing E-Verify Results

Process Overview
After submitting a case, E-Verify will typically respond within seconds. There are three potential responses:

Employment Authorized : The employee is authorized to work in the U.S.

Tentative Nonconfirmation (TNC) : There is an issue with the information provided. HR must notify the employee, who can contest the TNC.

Case in Continuance : Additional verification is required.

Steps for Reviewing Results:

Check Case Status : Log in to E-Verify to view the case results.

Follow Up as Necessary : If there is a TNC, notify the employee within the E-Verify timeline and provide guidance for contesting if they wish.

Close the Case : Once resolved, close the case in E-Verify.

How HR Technology Helps:
HR tech systems can set reminders for case follow-ups, and many solutions offer automated notification systems that alert employees to TNCs directly, simplifying the process for both HR and employees. Additionally, systems often include dashboards that make tracking case statuses easier.

Step 5: Managing and Auditing E-Verify Records

Process Overview
Maintaining compliance with E-Verify involves ongoing management and periodic audits. This includes ensuring that all cases are closed, TNCs are resolved, and records are retained as per legal requirements.

Steps for Managing Records:

Retain I-9 and E-Verify Records : Store all relevant records in a secure location, either physically or digitally.

Conduct Regular Audits : Periodically review E-Verify compliance and documentation practices.

Close Out Records for Former Employees : Manage inactive employee records per the organization’s policy and E-Verify retention guidelines.

How HR Technology Helps:
HR tech platforms offer secure storage solutions that automatically organize E-Verify and I-9 records, making audits more efficient. Many systems provide reporting tools to generate compliance reports, track verification timelines, and keep HR teams ahead of regulatory requirements.

Navigating the E-Verify process can be complex, but HR tech significantly simplifies it by automating and securing each step, from registration to case management and auditing. By integrating E-Verify into your HR systems, you not only ensure compliance but also create a smoother onboarding experience for employees and a more efficient workflow for your HR team. Whether you’re onboarding a few hires or managing a large team, leveraging HR tech makes E-Verify a fast, reliable process for employment eligibility verification.

E-Verify Ensures Compliance and Mitigates Risk for Employers | Opinion Article

Wed, 09 Oct 2024 14:48:20 GMT

In 2024, E-Verify announced their new service offering, E-Verify+, which was designed to give employees more control over their personal information, and allows employers to complete the Form I-9 as well as process E-Verify. E-Verify+ will be offered in addition to the existing E-Verify service. This announcement inspired conversations among employers and HR professionals about E-Verify’s accuracy, efficiency, and usability.

Considering an increasingly complex employment landscape, the use of E-Verify should be a priority for employers looking to protect their businesses, uphold their reputations, and contribute to a fair labor market. Beyond its compliance capabilities, E-Verify offers various benefits that can significantly enhance an employer's hiring process and overall organizational integrity.

The Hiring Process

One of the most immediate advantages of using E-Verify is the efficiency it brings to the hiring process. By allowing employers to confirm a candidate’s eligibility to work in real time, E-Verify helps streamline the verification process. This not only saves time but also reduces the potential for costly hiring mistakes. Employers can make informed decisions faster, ultimately speeding up the onboarding process without compromising legal compliance.

The new E-Verify+ program’s features will help eliminate errors in the initial verification process. For one, employees will now enter their personal information directly into the system, which will reduce mistakes due to employer data entry. Employees will also receive real-time updates on their verification status, allowing them to resolve disputes immediately without the administrative burden on employers. Additionally, employees can share their employment eligibility status with potential employers, which will streamline job transitions and expedite hiring processes.

Of course, employers should continue to use their discretion for further background checks and onboarding steps.

Reducing Legal Risks

Employers face significant legal liabilities when it comes to hiring undocumented workers, whether intentionally or inadvertently. Noncompliance with federal immigration laws can result in hefty fines and even criminal charges in extreme cases. By implementing E-Verify, employers demonstrate a proactive approach to compliance, significantly mitigating the risk of penalties. E-Verify serves as a safeguard, ensuring that businesses are not inadvertently violating the law in their journey to building a diverse and inclusive workplace.

Enhancing workplace integrity

Using E-Verify can also bolster an employer's reputation for integrity and social responsibility. In an era where corporate accountability is a high priority for job seekers, demonstrating a commitment to lawful hiring practices resonates well with both customers and employees. Businesses that prioritize ethical hiring practices foster a culture of trust and respect, which can lead to increased employee morale and retention.

Competitive Advantage

In today’s competitive job market, employers need every advantage they can get. Utilizing E-Verify can set a company apart as an employer of choice, particularly among those who prioritize compliance and ethical hiring. Job seekers are increasingly considering the values and practices of potential employers, and showcasing a commitment to legal hiring practices can attract top talent who want to work for a reputable organization.

Support for a Fair Labor Market

Beyond the benefits to individual businesses, E-Verify contributes to a fair labor market. By helping to prevent the exploitation of undocumented workers and ensuring that all employees are eligible for work, E-Verify plays a role in fostering a balanced economic environment. This benefits businesses by promoting a level playing field where all employers can compete fairly without the shadow of unethical hiring practices.

Incorporating E-Verify into hiring processes is not just a legal requirement for some; it is a strategic move for any employer aiming for long-term success. The benefits of streamlined hiring, reduced legal risks, enhanced workplace integrity, a competitive advantage, and support for a fair labor market are compelling reasons for employers to adopt this system. In an age where compliance and ethics are increasingly scrutinized, E-Verify stands out as a smart, responsible choice that reflects a company’s commitment to doing business ethically. Embracing E-Verify is not merely about meeting regulations; it’s about building a stronger, more equitable workforce for the future.

Remote I-9 Verification: Expert Insights and Tips for Compliance

Fri, 12 Apr 2024 18:04:09 GMT

Ensuring Compliance with Remote I-9 Verifications

Compliance with I-9 verifications has become a critical concern due to the rise in remote work. The Form I-9 is a mandatory document for employment eligibility in the United States. It verifies an employee's identity and their authorization to work. However, the process of I-9 verification can be challenging when conducted remotely. Employers and HR professionals must navigate these challenges and ensure their remote onboarding processes meet all legal requirements.

As remote work becomes increasingly common, companies are faced with the challenge of conducting I-9 verifications for new employees who are not physically present in the office. This can be a daunting task, as I-9 compliance is necessary for avoiding penalties and maintaining legal status as an employer. In this article, we will discuss the importance of remote I-9 verifications, the challenges they present, and how to ensure compliance with the help of technology.

Understanding the I-9 Verification Process

The I-9 verification process is a crucial part of the hiring process in the United States. It involves the completion of the I-9 form by both the employee and the employer.

The employee must provide accurate information about their identity and work authorization. They also need to present acceptable documents to prove their eligibility to work.

On the other hand, the employer is responsible for reviewing these documents. They must ensure they appear genuine and match the employee. The completed I-9 form must be retained by the employer. It should be readily available for inspection by authorized U.S. government officials, if required. You will also want to familiarize yourself with the specific requirements for Form I-9 retention and storage as set forth by U.S. Citizenship and Immigration Services (USCIS).

What Are the Key Challenges of Remote I-9 Verifications?

Conducting I-9 verifications for remote employees presents unique challenges that must be addressed to ensure compliance.

Physical Distance

The most obvious challenge of remote I-9 verifications is the physical distance between the employer and employee. This makes it difficult to verify the employee's identity and documents. The use of live video conferencing for virtual verification is only approved for employers enrolled in E-Verify, who must meet specific requirements.

Time Constraints

The I-9 form must be completed within three days of the employee's first day of work. Organizing logistics and the right tools can be challenging for employers.

Document Retention

Forms I-9 must be retained for a specific period. For remote employees, this can be difficult to manage if the company does not have a centralized system for properly storing and organizing I-9 forms.

Non-compliant I-9 Tools

To ensure compliance with remote I-9 verifications, companies can utilize technology to streamline the process and overcome the challenges mentioned above, however, I-9 software, especially those that are built-in to an all-in-one onboarding or HR solution sometimes fail to provide compliance measures, which can place employers at risk.

Legal Requirements for Remote I-9 Verification

The legal requirements for remote I-9 verification differ based on employers that qualify for the alternative document procedure, an option now available for many employers participating in E-Verify . Employers who do not qualify for the alternative document procedure are not allowed to leverage a virtual I-9 verification method using live video conferencing to review work authorization and identification documents. Non-qualifying employers must review the employee's documents in their physical presence. This can be challenging for remote employees and organizations with a dispersed workforce.

To overcome logistical hurdles of meeting in-person verification rules, employers can designate an authorized representative. According to USCIS, any person can serve as an authorized representative to physically meet with the employee to review I-9 documents and complete Section 2. Authorized representatives can also be used to complete Section 2 of the I-9 using the virtual I-9 verification option. It’s important to note that the employer remains liable for any violations during the Form I-9 and verification process.

Authorized Representatives and Legal Risks

In remote I-9 verifications, employers often rely on authorized representatives. These representatives can be any person who performs the verification on the employer's behalf.

Employers may have the option to use a third-party verification service through their electronic I-9 system provider. This service may offer convenient options for in-person and physical I-9 verification including:

A mobile network of notaries that provides a representative to meet employees at a location of their choosing to examine their documents and fill out Section 2 of the I-9 form.

A network of I-9 verification centers that include certain retail and delivery service stores where employees can bring their documents to be verified and have Section 2 of the I-9 form completed by the store's staff.

However, this approach carries potential legal risks. If the representative makes an error during the verification, the employer is responsible. It’s critical to ensure that representatives are well trained. They should understand the importance of their role and the potential consequences of mistakes.

The Significant Impacts of Simple Mistakes During I-9 Verification

A significant challenge that employers face is ensuring that any authorized representative assigned to complete the I-9 form on behalf of the employer understands the process thoroughly. This understanding is crucial to avoid potential legal consequences for the employer. In addition to administrative errors such as missing, incorrect, or incomplete information, the I-9 document review process if not done properly may also lead to unintentional discriminatory practices and violations of the Immigration and Nationality Act (INA) anti-discrimination provision.

It's imperative that the employer or their authorized representatives abide by the rules set forth for document inspections and must avoid requesting specific documents from an employee, instead they should allow the employee to choose which documents to present to prove their employment eligibility and identity from the “Lists of Acceptable Documents” accompanied with the Form I-9.

Requesting specific documents or requesting more documents than necessary for I-9 verification can lead to harsh ramifications. The Department of Justice actively pursues investigations into unfair and discriminatory document practices. Learn more about the growing trend of Form I-9 violations and hefty DOJ settlements in our blog: Avoiding Discrimination in I-9 Verification: A $100K Mistake Serves as a Stark Warning for Employers .

You can also download our complimentary e-book: Preventing Discrimination During the I-9 Process to learn more.

Secure and Compliant I-9 Document Storage

Maintaining the privacy and security of sensitive employee information is crucial. This can be more complex in a remote setting. Employers must have secure systems in place to protect this data. There are several requirements’ employers should meet to maintain compliance with Form I-9 storage and retention rules. Specific guidance has also been issued by the DOJ and USCIS for electronic I-9 software solutions . You can learn more about this in our article: Is Your Electronic I-9 Software Compliant?

Finally, staying updated with changing regulations is essential. This requires continuous monitoring and adaptation. If you are using a digital I-9 platform , it’s imperative that your solution is updated regularly and quickly adapts to meet changing regulations.

Evolving Regulations and the Remote I-9 Processes

The COVID-19 pandemic has significantly impacted remote I-9 verifications. The U.S. government introduced temporary flexibilities to accommodate remote work scenarios. These changes allowed employers to inspect documents remotely. However, employers had to physically inspect the documents once normal operations resumed and once the flexibilities expired in July 2023.

This temporary policy has eased some challenges. Yet, it has also added another layer of complexity to the process. A new version of the Form I-9 was also introduced and mandated for use as of 11/01/2023. Employers must stay informed about these changes and adapt accordingly. Watch our on-demand webinar to learn more about the new I-9.

Elevating Compliance through Advanced I-9 Software Solutions

I-9 software solutions enhance the efficiency and integrity of the verification process. These systems streamline tasks, reduce human error, create consistent processes and procedures, and help ensure compliance with ever-evolving regulations. Tailored to adhere to the latest legal standards, these software solutions offer adaptability through updates as legislative adjustments.

Selecting optimal I-9 software becomes crucial, given that not all platforms are equally equipped to meet changing I-9 requirements, or provide the comprehensive features and support essential to ensuring compliance success. Download our interactive guide and checklist to help you evaluate electronic I-9 solutions .

Empowering Remote Verification: The Essential Role of I-9 Vendors

As regulations evolve, keeping your team informed through continuous learning is essential. A well-educated team is your best defense against costly mistakes, helping your organization align with I-9 compliance requirements.

Schedule regular training sessions with your staff and incorporate standard operating procedures into your onboarding and Form I-9 procedures. I-9 software vendors like GryphonHR provide helpful tools and resources to keep you updated on regulatory changes, trends, and guidance. Check out our resource center .

Best Practices for Remote I-9 Verification

Remote I-9 verification can be a complex process. However, following best practices can help ensure compliance and reduce potential legal risks.

One of the key practices is thorough documentation. Every step of the verification process should be documented and stored securely. This can serve as evidence of compliance in case of an audit. Form I-9 audit trails are a requirement and maintaining these records is essential. Some electronic I-9 providers may offer an audit trail, however not all audit trails meet the specific requirements.

Another important practice is adherence to standard procedures. Employers should establish a standardized process for remote I-9 verification. This ensures consistency and helps avoid potential errors.

Here are additional best practices for remote I-9 verification:

Regular Form I-9 audits of the verification process
Training for all staff involved in the process
Use of compliant and dependable and I-9 software solutions
Timely completion of I-9 forms
Clear communication with remote employees

By following these practices, employers can maintain compliance with I-9 requirements and create a smooth onboarding experience for remote employees.

Conclusion: Staying Compliant in a Virtual World

In conclusion, remote I-9 verifications are a critical part of the onboarding process. They require careful diligence and thorough understanding of legal requirements. With the right tools, resources, employers can navigate this complex process to ensure compliance while providing a smooth onboarding experience for remote employees.

Contact our I-9 experts and learn how GryphonHR simplifies remote I-9 verifications with our advanced Form I-9 and E-Verify compliance platform.

Avoiding Discrimination in I-9 Verification: A $100K Mistake Serves as a Stark Warning for Employers

Thu, 04 Apr 2024 18:28:50 GMT

The trend of the DOJ actively seeking to make employers responsible for discriminatory actions in the Form I-9 verification process is increasingly being emphasized. In this article, we’ll review a recent case that illustrates the importance of adhering to Form I-9 document verification requirements, including best practices, resources, and insights.

DOJ Settlement Highlights Importance of Compliance with Form I-9 Verification

F ollowing a Department of Justice (DOJ) investigation and a recent settlement , a security services company has been ordered to pay over $100,000 for discrimination during the Form I-9 process. According to a DOJ announcement , Securitas Security Services USA Inc. (Securitas) violated the Immigration and Nationality Act (INA) by requiring lawful permanent residents to present specific work authorization documents for Form I-9 verification. The recent announcement also states that Securitas made similar requests of other employees who were not U.S. citizens.

The anti-discrimination provision of the INA is enforced by the Immigrant and Employee Rights Section (IER) of the DOJ’s Civil Rights Division. It includes a wide range of discriminatory practices, such as hiring, firing, recruitment, or referral for a fee, and unfair documentary practices - as noted in the Securitas case.

Employers must be sure to avoid requesting specific identification and employment authorization documents for Form I-9 verification. The INA's anti-discrimination provision prohibits employers from specifying or demanding particular documents for employment eligibility verification due to a worker's citizenship status, immigration status, or national origin. This provision ensures that all workers, including non-U.S. citizens who are legally eligible to work, are allowed to present any acceptable documentation of their choice.

Assistant Attorney General Kristen Clarke emphasized that federal law allows workers to choose which valid, legally acceptable documentation they present to prove their identity and permission to work, underscoring the principle of non-discrimination regardless of citizenship, immigration status, or national origin.

Form I-9 Verification: Know Your Documents

Employers should refer to “The Lists of Acceptable Documents” that accompanies the Form I-9 and should accept any document from List A, or a suitable combination of documents from List B and C to verify identity and employment authorization, as long as the document(s) seem authentic and pertain to the individual presenting them.

List A Documents - Identification and Employment Authorization

Documents listed under List A confirm an individual’s identity and authorization to work legally in the U.S. Such documents enable employers to validate both an employee's identity and their legal status to work without needing further documentation. Below are some examples of List A documents:

When List A documents are presented as a combination of multiple documents, they are collectively considered a single List A document for Form I-9 purposes. An example of this is the combination of a foreign passport and a Form I-94 or Form I-94A, which must carry the same name as the passport and an endorsement of the holder’s nonimmigrant status that permits employment with a particular employer based on their status. Once an acceptable List A document is provided, no additional documentation should be requested from the employee.

List B and List C Documents

List B documents, which establish identity only, require employees to also present a List C document for employment eligibility verification. Examples of List B documents include driver’s licenses, I.D. cards, and, for individuals under 18, school I.D.s or hospital records. Conversely, List C documents verify employment eligibility alone, necessitating an accompanying List B document for identity verification. Examples of List C documents include Social Security Cards, the F-545 Certification of Birth Abroad issued by the U.S. Department of State, and the Form I-571 Refugee Travel Document.

Updated List C Guidance

USCIS recently updated guidance for the Lists of Acceptable Documents with a focus on List C #7 documents. Sample images of these documents and detailed information about acceptable documentation can be found on I-9 Central and in the M-274, Handbook for Employers. Refer to the following sections:

Document Receipts

Receipts may be accepted for certain documents that have been lost, stolen, or damaged for a temporary period. More information about Form I-9 document receipts can be found in the M-274, Section 4.4 Acceptable Receipts .

A Growing Trend in DOJ Investigations

In recent years, there has been a noticeable shift in the focus of Form I-9 compliance efforts. While Immigration and Customs Enforcement (ICE) continues to perform Form I-9 worksite audits, there is a growing emphasis on cases related to Form I-9 discrimination, primarily handled by the Department of Justice. Although ICE remains in charge of I-9 audits, employers need to stay informed about joint investigations by different agencies. Notably, there has been a significant rise in DOJ settlements concerning unfair and discriminatory practices during the I-9 document review process, and this trend appears likely to continue.

Businesses in the U.S. should equally prioritize compliance with I-9 document management practices and administrative Form I-9 procedures. Recent I-9 penalty adjustments have led to higher fines for non-compliance. Employers may face fines ranging from $281 to $2,789 for mistakes made on Form I-9. For engaging in unfair document practices, penalties vary between $230 and $2,304. A first offense of unfair immigration-related employment practices, the fines can range from $575 to $4,610.

Tools and Resources to Help You Comply with I-9 Verification Requirements

Tackling the intricacies of Form I-9 compliance requires the proper tools, resources, education, and practices. The advancement of technology provides a valuable resource for employers looking to simplify their I-9 verification processes and firmly commit to non-discriminatory principles. Let’s explore how technology can serve as a supportive partner in this effort.

An electronic I-9 solution simplifies complex requirements, streamlines procedures, and reduces the risk of discrimination. Advanced Form I-9 software goes beyond data validation to offer comprehensive support throughout the Form I-9 process, ensuring the form is managed with accuracy and adherence to regulations. This should encompass compliance features that make the I-9 document review process straightforward and effective, including a workflow for compliant document verification, detailed guidance for I-9 documents with examples, and secure options for uploading and storing document images. Furthermore, your electronic I-9 system should adhere to all standards prescribed by USCIS and the DOJ, including specific requirements for I-9 applications.

Steer Clear of Discrimination: Key Best Practices

Avoiding discrimination during the Form I-9 and E-Verify process is crucial for maintaining compliance with federal laws and fostering an inclusive workplace. Here are the best practices to ensure fairness and adherence to regulations:

1. Train HR and Hiring Staff

Ensure that all personnel involved in the hiring and employment eligibility process are thoroughly trained on Form I-9 and E-Verify procedures. Training should emphasize the importance of following the guidelines without discrimination. Continued education and education can help to make sure your organization is on top of changing employment laws.

Many electronic I-9 solution vendors like GryphonHR also include training modules and resources to educate employers and HR personnel on the legal requirements of Form I-9 and E-Verify. This ongoing education is crucial for maintaining compliance and fostering a culture of inclusivity and respect for workers' rights.

Get started with these complimentary resources for valuable insights:

Download our complimentary e-book: Preventing Discrimination During the I-9 Process .
Discover key strategies for avoiding discrimination with Form I-9 and E-Verify by reviewing this DOJ fact sheet .

2. Standardize the Process

Develop and implement a standardized process for all employees, regardless of their national origin, citizenship, or immigration status. This uniform approach helps prevent discriminatory practices.

3. Present the Lists of Acceptable Documents Equally

When informing employees about the documents they can present for verification, ensure that all options from the Lists of Acceptable Documents are presented equally. Employees should be allowed to choose which documents they wish to present from the lists.

4. Avoid Requesting Specific Documents

Do not request more or specific documents than are required for the Form I-9 process. Employees have the right to choose which acceptable document(s) they want to provide.

5. Refrain from Reverification of Permanent Residents

Do not reverify the employment eligibility of lawful permanent residents once they have presented a Form I-551, Permanent Resident Card, for the initial verification. Permanent residency status does not expire for employment verification purposes, even if the card itself has an expiration date.

6. Use E-Verify Consistently

If your organization participates in E-Verify, use it for all new hires in locations where it is required or has been elected to be used. Applying E-Verify only to individuals of certain national origins or citizenship statuses can be discriminatory.

7. Respond Appropriately to Tentative Nonconfirmations (TNCs)

When an employee receives a TNC from E-Verify, provide them with clear instructions on how to contest the TNC and the timeframe for doing so. Ensure they understand their rights and do not take adverse action against them while the TNC is being contested.

8. Keep Detailed Records

Maintain thorough documentation of the Form I-9 and E-Verify process for each employee. This includes records of any actions taken in response to TNCs and the rationale behind them.

9. Conduct Internal Audits

Regularly review your organization's Form I-9 and E-Verify processes to identify and correct any practices that could be construed as discriminatory. This can help preempt any issues before they escalate into legal problems.

10. Leverage Technology

The advancement of technology provides a valuable resource for employers looking to simplify their I-9 verification processes and firmly commit to non-discriminatory principles. Let’s explore how technology can serve as a supportive partner in this effort.

Check out our free “ Ultimate Guide: Electronic I-9 Evaluation and Interactive Checklist ” to help you compare electronic I-9 compliance solutions, or get in touch with our I-9 experts to uncover the capabilities of the GryphonHR Form I-9 and E-Verify platform.

In Conclusion: Emphasizing Vigilance with I-9 Compliance and Upholding Fair HR Practices

The Securitas settlement serves as a crucial lesson for employers nationwide: the importance of complying with the INA's anti-discrimination provisions cannot be overstated. By understanding the permissible documents for Form I-9 verification and leveraging technology to ensure compliance, businesses can safeguard against discrimination and hefty fines. Stay tuned to GryphonHR for more Form I-9 and E-Verify information and register for our I-9 newsletter .

7 Things to Consider About Your Electronic I-9 Software

Fri, 29 Mar 2024 14:51:53 GMT

Whether you're deeply involved in various HR tasks or at the helm of an HR department, you're aware of the significance of modernizing and streamlining daunting employment processes. This includes leveraging solutions that help your team stay organized and compliant with employment laws. Adopting new HR technology can simplify complex procedures and requirements, especially digital solutions for Form I-9 compliance.

Transitioning to an electronic I-9 compliance system isn't just a nice addition—it's an essential step forward. This transformation has significantly changed how companies meet I-9 compliance regulations to ensure employees are legally authorized to work in the U.S. However, this change goes beyond merely replacing paper forms with digital versions. It's about enhancing the entire process, ensuring full compliance with changing legal requirements, and tailoring the system to fit the specific needs of your organization.

1. Making Compliance a Priority

When we talk about switching to electronic I-9 solutions, compliance isn’t just part of the conversation—it’s the headline act. There are several requirements for electronic I-9 systems, including digital signatures and storage, as outlined by U.S. Citizenship and Immigration Services (USCIS). The Department of Justice and USCIS released a joint fact sheet outlining critical aspects of avoiding discrimination when using I-9 software . The right solution doesn't just digitize forms; it encapsulates a deep understanding of Form I-9 regulations, ensuring that every digital signature, audit trail, and piece of stored data adheres to stringent legal standards. Credibility comes from a solution's ability to demonstrate not just functionality, but an embedded compliance framework designed to adapt to regulatory changes, the needs of your business, and advancements in technology and security.

2. Why Dedicated Electronic I-9 Systems Outperform All-in-one HR Management Solutions

You’ve probably seen those all-in-one platforms that promise to take care of every HR need under the sun, including electronic I-9. They sound great, right? The problem is their broad-brush approach tends to skim over the nitty-gritty details that are crucial for nailing I-9 compliance. These platforms might cover the basics, but they often lack the depth needed for diverse types of businesses, especially when it comes to tailoring the system to fit specific needs or making sure remote verifications are managed just right.

All-in-one HR platforms that aim to cover every HR need, including electronic I-9 compliance , can seem appealing because they offer a wide range of services in one package. However, when it comes to the specialized needs of Form I-9 compliance, these platforms often fall short. The complexity of ensuring that employees are legally authorized to work in the U.S. demands more than a generic approach. All-in-one systems offer a broad spectrum of services, which can lead to a superficial handling of complex compliance issues.

Exclusive Focus on Form I-9 Compliance

A dedicated electronic I-9 system outperforms an all-in-one solution due to its exclusive focus on compliance with I-9 regulations. These dedicated systems are designed to deal with the nuances of Form I-9, including document verification, audit trails, and keeping up with legal standards. This focus means organizations can support compliance more easily and with a lower risk of costly errors.

Better Customization Options

Dedicated I-9 solutions offer greater customization to meet an organization's unique needs. Unlike all-in-one solutions, which often adopt a one-size-fits-all approach, dedicated systems can be tailored to meet organizational structures or workforce configurations. This is crucial for businesses with unique requirements, such as those with many remote workers or high employee turnover.

Integrations for a Seamless I-9 Experience

Integration without sacrificing specialization is another key benefit of dedicated electronic I-9 systems. These systems are designed to work seamlessly with a company's existing HR software, payroll systems, and onboarding platforms, creating a streamlined workflow that doesn't compromise compliance depth. This allows HR departments to use their preferred tools for various tasks while relying on a specialized system for I-9 compliance.

Responsive Support from Your I-9 System Vendor

Another challenge that you may meet with all-in-one or bundled solutions is obtaining timely support when it's most needed. Limited resources dedicated to I-9 compliance can lead to frustration due to unresponsive support, further complicating the process for employers seeking to navigate I-9 compliance effectively.

Dedicated electronic I-9 systems are backed by providers with deep expertise in employment eligibility verification, as well as an understanding of how to best help your team and employees navigate Form I-9 and E-Verify. This experience is reflected in the I-9 software’s functionality in addition to a knowledgeable support team familiar with the nuances of I-9 compliance. You may find that support from all-in-one platforms lacks the depth needed to address complex I-9 issues effectively and promptly.

Adapting and Evolving I-9 Software Quickly to Meet Changing Regulations

Beyond the issue of slow support response, a major reason employers opt for a dedicated electronic I-9 system is that they are more agile with quickly updating features and compliance protocols in response to new regulations. All-in-one solutions, with their broader focus, might not be as quick to implement necessary changes, potentially leaving organizations at risk of falling out of compliance.

While all-in-one HR solutions offer the convenience of handling multiple functions within a single platform, the specialized requirements of Form I-9 compliance are better served by a primary electronic I-9 system provider. This approach ensures a higher level of compliance with less risk and provides the flexibility, customization, and expert support needed to effectively manage employment verification.

3. Key Factors for Remote I-9 Verification and Virtual Tools

The shift to remote work isn’t just changing where and how we do our jobs—it’s also changing how companies make sure their team members are legally allowed to work. With more people working from home and away from HR worksites, conducting I-9 verifications to complete Section 2 of Form I-9 shouldn’t be challenging. That’s where specialized I-9 solution providers come into play, making it easier for companies to stay on the right side of the law, no matter where their workers are based.

The alternative document verification procedure, now available for employers enrolled in E-Verify , introduces the capability for virtual verification of I-9 documents via live video conferencing. This process allows employers to remotely inspect work authorization and identification documents to complete Section 2 or for reverification. An advanced I-9 system not only streamlines this virtual process but also enhances the efficiency of in-person verifications for employers who need to verify documents with the employee physically present.

Flexibility With Authorized I-9 Representatives

Several providers enable the use of authorized I-9 representatives who can meet employees at a convenient location to review their documents and complete the I-9. However, flexibility in choosing verification options without incurring added fees or needing extra apps is not a service all I-9 vendors offer. All-in-one providers often find it challenging to offer a seamless workflow that easily facilitates the verification of I-9 documents and the management of Form I-9 for employees, regardless of whether they are on-site or remote. Additionally, these providers may struggle to stay compliant with changing regulations and might charge extra for remote I-9 management tools, treating them as add-ons to their electronic I-9 services.

4. Choosing an Electronic I-9 Solution to Meet All Your Needs: A Game Plan

Figuring out the best electronic I-9 solution for your business means taking a step back and looking at the big picture. What does your company need? How complex is your setup? Here’s how to tackle it:

1. Assess Your Needs: Start by getting a clear picture of what your organization looks like and what you are up against when it comes to employment verification processes.

2. Compliance is Key: Any electronic I-9 system you pick must meet USCIS standards for compliance, and it should be designed to adapt to changing regulations.

3. Customize to Fit: Make sure the system you go with can accommodate the unique needs and structure of your business.

4. Think Big Picture: Your business is not standing still, and your electronic I-9 system shouldn’t either. Choose a solution that can grow and evolve with you.

The journey to a more efficient, compliant, and remote-friendly electronic I-9 verification process is packed with challenges, from keeping up with regulations to making sure the system works for your specific business. While those all-in-one solutions might seem convenient, they often miss the mark when it comes to the specifics of I-9 compliance. That’s why platforms focused solely on compliance, like specialized I-9 solutions, are so valuable.

5. How to Make Switching HR Systems and I-9 Systems Easier

You might feel tethered to your existing HR tech stack, onboarding platform, or another HR system due to contract obligations or the daunting prospect of transitioning to a new system—from implementation and training to IT support, legal vetting, and establishing security protocols. However, adopting a superior I-9 solution doesn't have to be an ordeal. A proficient I-9 provider can streamline the transition, equipping you with the necessary tools and support to ensure your success. It is crucial to weigh the risks associated with sticking to cumbersome, non-compliant systems prone to errors. This is where GryphonHR comes into the picture, offering a seamless transition without the headaches. Our team of experts is adept at managing the complexities involved in such transitions. We specialize in aligning with your organization's unique requirements and teams, ensuring a smooth onboarding process. All it takes is your readiness to make the move.

6. There Are So Many Electronic I-9 Software Options. How Do I Choose?

Navigating through the sea of electronic I-9 solution providers can be overwhelming, right? Back in the day, choosing one may have seemed easier because there weren’t as many around. But now? It’s like a new I-9 company or product pops up every other day, each one promising the moon. And after a while, they all start to sound the same, making you wonder how you’re supposed to pick the right one.

So, how do you cut through the noise and choose? Well, it’s all about focusing on what truly matters to your organization. Look beyond the fancy features and flashy tech. Consider the provider's experience, customer support, and how well their solution adapts to your specific needs. Sometimes, it’s those subtle differences in service and support that make all the difference. And remember, a conversation with existing customers can reveal a world of insight.

7. Choosing an Electronic I-9 Solution

Selecting the ideal electronic I-9 solution is far from a minor task on your checklist—it's a pivotal move that primes your business for success. Why not start with our free interactive guide? No forms to fill — download " The Ultimate Electronic I-9 Evaluation Guide ".

Thinking we might be nudging you a bit towards considering GryphonHR for your I-9 needs? Well, you've got us there. Sure, this piece aims to shed light on the real issues surrounding I-9 compliance and the spectrum of solutions out there, but we're also hoping to help you cut through the clutter. We're not shy about it: we'd love for you to choose us. We're confident in our ability to offer an I-9 solution that both your team and your employees will appreciate, one that not only helps to ensure compliance with Form I-9 regulations but also enhances your overall experience. Still on the fence? Reach out to us , ask your questions, and take a closer look at what our platform has to offer.

How to Comply with Remote I-9 Requirements and Virtual Verification

Sun, 24 Mar 2024 14:40:44 GMT

What is Remote I-9 Verification?

Remote Form I-9 is a process that allows for the examination and verification of identity and employment eligibility documents used in completing Form I-9 to be conducted remotely. This process is applicable for both remote and in-person employees, with employees completing Section 1 by providing personal information, attesting to their work authorization, and providing a signature. Employers, or their authorized representatives, are then responsible for completing Section 2 by reviewing Section 1, inspecting the employee's original identification and employment authorization documents, and filling out the necessary fields.

Frequently Asked Questions About Remote I-9 Verification

How Do Remote Employers Verify I-9 Documents?

Employers can verify I-9 documents by examining copies of Form I-9 documents or acceptable receipts to verify their authenticity and relevance to the employee. Employers enrolled in E-Verify that qualify to use the alternative document procedure may conduct live video interactions with individuals presenting the documents to further ascertain their genuineness and connection to the individual. The employee is required to transmit copies of the documents to the employer before presenting them during the live video interaction. Remote companies retain clear and legible copies of the documentation for their records. To indicate the use of alternative procedures on Form I-9, remote companies check the appropriate box or make a notation in the Additional Information field in Section 2 of the form, depending on the date of the form.

Employers that do not qualify for the alternative document procedure, must ensure an authorized representative is physically present with the employee to complete Section 2 of the Form I-9 and verify work authorization and identification documents. Although, any person can serve as an authorized representative, the employer is held liable for any I-9 mistakes.

What is E-Verify and How Does it Work?

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. It's administered by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). E-Verify is voluntary for most businesses, but some states require its use by certain employers. Additionally, it's mandatory for employers with federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause. The system is designed to help maintain legal workforce integrity and reduce undocumented employment

When an employer hires a new employee and completes Form I-9 (Employment Eligibility Verification), E-Verify compares the information from the employee's Form I-9 to data from U.S. government records. If the information matches, that confirms the employee is eligible to work in the U.S. If there's a mismatch, E-Verify will alert the employer, and the employee will have the opportunity to resolve the issue.

How Do I Enroll in E-Verify?

To get enrolled in E-Verify for remote I-9 verification, employers need to follow several steps. First, they must ensure timely submission of I-9 forms by acting quickly to meet the tight three-day deadline. Employers should verify the I-9 forms with enough time for review before submission.

If a Tentative Nonconfirmation (TNC) occurs due to a mismatch between the entered information and records with the Social Security Administration (SSA), DHS, or both, the employer must notify the remote employee and take corrective actions to resolve the discrepancy. It's crucial to address any TNCs promptly.

It's important to note that the extension of the deadline for resolving mismatches, which was implemented during the pandemic, has been terminated as of July. Additionally, the Department of Homeland Security (DHS) is proposing measures to provide flexibility in remote I-9 verifications for employers enrolled in E-Verify and those without a history of I-9 violations. Employers should stay informed about these updates and comply with any new requirements related to remote I-9 verification within the E-Verify system.

What is an Authorized I-9 Representative?

An authorized representative for Form I-9 is someone designated by the employer to verify the employees work authorization and identification documents, in addition to completing and signing Section 2 of the Form I-9 form on the employers behalf. According to U.S. Citizenship and Immigration Services (USCIS), this representative can be any person the employer designates, however the employer is liable for any Form I-9 mistakes the authorized representative makes on the Form I-9.

Some electronic I-9 solution providers, including GryphonHR, offer options for access to third-party I-9 representatives, in addition to enabling employers to choose their own representatives for remote I-9 completion. Electronic I-9 software can help employers to reduce errors and streamline Form I-9 and E-Verify processes. Some features designed to expedite Form I-9 management and improve compliance include features such as: integrated virtual video conferencing , secure document uploads, helpful guidance, and more.

Employers can choose an authorized representative to physically meet with the employee at a convenient location, or if using the alternative document procedure, they may use a live video conferencing session. Since the employer bears all of the responsibility for Form I-9 compliance, it may be more beneficial to leverage authorized representatives that are trained on how to properly complete the Form I-9 and the electronic I-9 system (if one is used).

How Do I Handle Remote I-9 Challenges?

Overcoming challenges in remote I-9 verification involves being mindful of potential obstacles and taking proactive measures to prevent violations and penalties. Employers should carefully select authorized representatives familiar with Form I-9 and experienced in document inspection.

Providing detailed instructions to both new employees and representatives, outlining specific steps to follow and clarifying responsibilities, can help minimize errors during the remote verification process.

It is important to ensure that authorized representatives, including notaries, understand their role in I-9 verification and that their usual notarial duties are not required for this specific task and notaries should not notarize the I-9. By staying informed, preparing thoroughly, and communicating clearly, businesses can successfully navigate the complexities of remote I-9 verification and maintain compliance with relevant regulations.

Where Can I Learn More About Form I-9 and E-Verify?

GryphonHR provides updates, resources, and valuable information about Form I-9 and E-Verify. Here a few that you can get started with:

In addition to following the instructions accompanied with the Form I-9 and Form I-9 Handbook, employers should consider visiting government websites that contain helpful resources, information and updates regarding Form I-9 and E-Verify compliance, including:

How Can Employers Benefit By Using an Electronic I-9 Solution for Remote I-9 and E-Verify?

1. How does an electronic Form I-9 system help employers eliminate challenges and ensure an efficient approach to onboarding remote employees?

Opting for a comprehensive electronic system helps employers by simplifying complex processes for both remote and onsite employees. It ensures efficiency by automating Form I-9 and E-Verify tasks, reducing errors, and facilitating compliance with all Form I-9 compliance requirements. This approach streamlines verification, retention, and storage of Form I-9, including tracking, reporting, and management of I-9 forms, making the onboarding process more secure, compliant, and efficient.

2. What features should employers look for when choosing an electronic Form I-9 system to ensure simplicity, security, and efficiency?

Employers should carefully check the features of an electronic system for I-9 verification to ensure compliance, simplicity, security, and efficiency. Key features to consider include user-friendly interfaces, robust security measures, comprehensive integration with E-Verify, and more.

The government has outlined specific requirements that Form I-9 solutions must address. You can learn more about these requirements in our blog: How To Use The Alternative Document Procedure and download the Ultimate Guide: How to Evaluate Electronic I-9 Solutions . The ultimate guide also serves an interactive checklist for comparing I-9 system features. Don’t worry, there’s no form to fill-out. Simply click and download the guide .

How Can GryphonHR Help Me With Remote I-9 and E-Verify?

GryphonHR provides a robust Form I-9 and E-Verify compliance solution designed to help employers accurately and efficiently complete, manage, and store Form I-9 for onsite and remote employees from an intuitive cloud platform. The GryphonHR Form I-9 compliance software is always up to date with Form I-9 regulations and electronic Form I-9 requirements. We help employers to simplify complex processes. We're the Form I-9 experts, so that you don't have to be. Learn more about how GryphonHR differs from other I-9 solution vendors and discover our difference. Get in touch with us to see a live demo .

Beyond Borders: Form I-9 Compliance and Multinational Corporations

Tue, 27 Feb 2024 22:35:05 GMT

In today's globalized economy, multinational corporations (MNCs) operate across international borders, employing diverse talent from around the world. While this presents exciting opportunities for growth and innovation, it also introduces unique challenges when it comes to compliance with immigration laws and regulations, particularly regarding Form I-9 verification. In this comprehensive guide, we explore the complexities of Form I-9 compliance for multinational corporations, discussing strategies for harmonizing verification processes, navigating visa requirements, and ensuring compliance with diverse regulatory frameworks.

Understanding the Landscape

Multinational corporations face a myriad of challenges in navigating Form I-9 compliance, given the diverse locations and legal frameworks in which they operate. Key challenges include:

Diverse Workforce: MNCs often employ workers from various countries, each with its own visa requirements and documentation standards.

Legal Complexity: Different countries have different immigration laws and regulations, complicating the verification process for multinational employers.

Data Privacy Concerns: Cross-border data transfer regulations may impact the storage and processing of employee verification documents.

Harmonizing Verification Processes

To streamline Form I-9 compliance across borders, multinational corporations can implement the following strategies:

Centralized Compliance Management: Establish a centralized compliance management system to ensure consistency in verification processes across all locations. This includes developing standardized procedures, providing training to HR personnel, and implementing technology solutions for document management and verification.

Global HR Policies: Develop global HR policies that outline the company's approach to Form I-9 compliance, considering the legal requirements of each country in which the corporation operates. These policies should be regularly reviewed and updated to reflect changes in regulations and best practices.

Standardized Documentation: Standardize documentation requirements for Form I-9 verification, regardless of the employee's location. This helps ensure consistency and compliance with regulatory standards while simplifying the verification process for HR personnel.

Navigating Visa Requirements

Given the diverse workforce of multinational corporations, navigating visa requirements is crucial for Form I-9 compliance. Key strategies include:

Visa Sponsorship Programs: Implement visa sponsorship programs to facilitate the hiring of foreign nationals. Work closely with legal counsel to ensure compliance with visa regulations and requirements.

Document Verification Protocols: Develop robust document verification protocols to ensure that employees provide valid and up-to-date visa documentation during the Form I-9 verification process. This may involve conducting regular audits and reviews of visa documentation to identify any potential issues or discrepancies.

Cross-Border Collaboration: Foster collaboration between HR teams in different countries to stay updated on visa requirements and regulatory changes. This enables multinational corporations to adapt quickly to evolving visa regulations and ensure compliance with Form I-9 requirements.

Ensuring Compliance with Diverse Regulatory Frameworks

Multinational corporations must navigate diverse regulatory frameworks to ensure compliance with Form I-9 requirements. Strategies for ensuring compliance include:

Legal Expertise: Work closely with legal counsel specializing in immigration law to ensure compliance with the immigration laws and regulations of each country in which the corporation operates. Legal experts can provide guidance on Form I-9 requirements, visa regulations, and compliance best practices. Electronic I-9 compliance solutions like the GryphonHR platform which can integrate with your global HR solution can also help to take the guesswork out of managing the Form I-9 while streamlining processes.

Regular Training and Education: Provide regular training and education to HR personnel and managers on Form I-9 compliance, visa requirements, and regulatory frameworks. This ensures that employees understand their responsibilities and stay updated on changes in regulations that may impact compliance efforts.

Audits and Reviews: Conduct regular audits and reviews of Form I-9 documentation to identify any potential compliance issues or discrepancies. This helps multinational corporations proactively address compliance challenges and mitigate risks associated with non-compliance.

Conclusion

Form I-9 compliance presents unique challenges for multinational corporations with employees working across international borders. By implementing strategies to harmonize verification processes, navigate visa requirements, and ensure compliance with diverse regulatory frameworks, MNCs can streamline their compliance efforts and mitigate risks associated with non-compliance. By prioritizing compliance and staying informed about regulatory changes, multinational corporations can maintain the integrity of their workforce while fostering growth and innovation on a global scale, not to mention avoiding hefty fines for non-compliance. Penalties for Form I-9 related violations have recently increased due to inflation. Learn more in our blog: Form I-9 Fines Increase Again – What You Need To Know.

Find out how GryphonHR can help your organization to achieve compliance with U.S. employment eligibility Form I-9 requirements by contacting us today.

Is Your Electronic I-9 Software Compliant? Here's What You Need to Know

Thu, 15 Feb 2024 18:28:53 GMT

The Department of Justice and Immigration and Customs Enforcement recently collaborated to release a joint fact sheet aimed at guiding employers on how to steer clear of unlawful discrimination when utilizing electronic Form I-9 and E-Verify software. This comprehensive document underscores that the mere use of a Form I-9 software program does not automatically guarantee compliance with federal law. Instead, it emphasizes that employers hold the primary responsibility of ensuring that any software utilized for Form I-9 or E-Verify processes fully aligns with legal requirements.

Electronic I-9 Software Does Not Equal Compliance

Employers are strongly urged to conduct thorough assessments of the electronic I-9 solutions they employ and the manner in which they are utilized within their organizations. While certain electronic I-9 systems may offer features that assist in mitigating compliance risks more effectively, employers must understand that they remain ultimately accountable for adhering to the intricate regulations governing Form I-9 and E-Verify procedures. This includes steering clear of unfair document practices and discriminatory actions as outlined under the Immigration and Nationality Act (INA), especially during critical phases such as work authorization and identification verification. We've outlined considerations relating to these types of discriminatory practices in our recent ebook: Preventing Discrimination During the I-9 Process .

Furthermore, it is imperative for employers to diligently follow all applicable retention mandates for Forms I-9 and any accompanying documents to avoid potential legal pitfalls. U.S. Citizenship and Immigration Services (USCIS) also outlines guidance for electronic storage of Form I-9 , including:

Integrity Controls: The system must incorporate measures to ensure the integrity, accuracy, and reliability of the electronic generation and storage process.

Security Measures : It should implement controls to identify and prevent any unauthorized or accidental actions such as creation, addition, alteration, deletion, or deterioration of an electronically completed Form I-9, including the electronic signature if applicable.

Audit Trail: The system must maintain an audit trail documenting any changes or alterations made to the form after its initial creation. This trail should be easily accessible to government agencies conducting inspections.

Quality Assurance Program: Employers need to establish an inspection and quality assurance program to regularly assess the electronic generation or storage system. This program should include periodic checks of electronically stored Form I-9, including any electronic signatures utilized.

Comprehensive Indexing: The system must maintain a detailed index of all stored data, facilitating immediate access to any specific record as required.

Legibility Standards: Forms displayed on a video display terminal or reproduced on paper must maintain a high degree of legibility and readability, ensuring clarity and comprehension.

Fact Sheet Highlights

The fact sheet delineates several key points for employers to consider:

Utilizing Form I-9 Software Programs:

Ensuring compliance with Form I-9 legal requirements, E-Verify stipulations, and prohibitions against unfair employment practices is of paramount importance.
Employers must ensure that their chosen electronic Form I-9 solution facilitates seamless completion of the form while adhering to specified protocols such as access to required versions, sequential completion by employees and employers, and appropriate handling of optional fields.

Utilizing Form I-9 Software for E-Verify Cases:

Employers must not only enable employees to address mismatches effectively but also refrain from taking adverse actions during resolution processes.
Adherence to E-Verify requirements, provision of requisite notices, and support for employees with limited English proficiency are essential elements.

Training and Support for Form I-9 Software Users:

Employers must provide comprehensive training and support for personnel responsible for administering Form I-9 software programs to ensure proper utilization and compliance with regulatory standards.

Guidelines for Employers Using Form I-9 Software:

Prohibited actions include automatic pre-population of forms, completing forms on behalf of employees without proper authorization, altering form fields, and requesting unnecessary documentation.
Employers must maintain thorough documentation of any modifications made to Form I-9 records and avoid misleading prompts that may lead to incorrect or excessive document submissions.

Additional Resources:

The fact sheet provides contact information for relevant government agencies and links to educational materials to assist employers in navigating the complexities of electronic Form I-9 compliance. View or download the fact sheet .

Choosing Electronic I-9 Software

Employers using deficient I-9 software or relying solely on paper forms may find themselves exposed to heightened risks of substantial fines and penalties. Even seemingly minor errors can lead to significant consequences for your organization. Therefore, ensuring that your I-9 solution aligns with the latest Form I-9 compliance regulations is of utmost importance.

As more organizations embrace electronic I-9 or I-9 software solutions, it becomes increasingly critical to scrutinize these systems for both compliance and efficiency. Not all I-9 systems are created equal, and some may not meet the specific requirements of your organization. To aid in this evaluation process download our interactive ultimate guide to assess electronic I-9 compliance software and vendors.

The Ultimate Electronic I-9 Evaluation Guide

How GryphonHR Can Help

GryphonHR stands as a dedicated provider of advanced Form I-9 and E-Verify compliance software, meticulously crafted to adhere to the latest compliance standards. The GryphonHR Form I-9 and E-Verify platform can help employers to improve compliance with employment eligibility regulations, simplifying complex processes along the way. Contact our team of Form I-9 and E-Verify specialists to discover how GryphonHR can assist your organization in achieving compliance with greater ease and efficiency.

The Impact of Form I-9 Challenges on the Healthcare Industry

Tue, 13 Feb 2024 20:40:47 GMT

In the fast-paced world of healthcare, where every moment counts in saving lives, administrative tasks like Form I-9 compliance may seem like a secondary concern. However, overlooking these crucial documents can lead to significant consequences for healthcare institutions, ranging from hefty fines to damaged reputations. In this article, we delve into the challenges healthcare organizations face in maintaining Form I-9 compliance and explore strategies to mitigate these risks.

The Importance of Form I-9 Compliance in Healthcare

Hospitals, urgent cares, and other healthcare facilities are not exempt from federal employment regulations, despite their altruistic mission. The Form I-9, used to verify the identity and employment authorization of individuals hired for employment in the United States, is a critical component of hiring practices in all industries, including healthcare.

Common Challenges in Form I-9 Compliance

Healthcare institutions encounter several challenges when it comes to Form I-9 compliance, including:

Incomplete Forms: In the hustle and bustle of healthcare settings, completing administrative tasks thoroughly can sometimes take a back seat. Incomplete Form I-9s, featuring unfinished fields or missing signatures, are common pitfalls that can lead to compliance violations during audits.
Deadline Compliance: The Form I-9 must be completed within specific timelines, including Section 1 by the employee on their first day of work and Section 2 by the employer within three business days of the employee's start date. Failure to meet these deadlines can result in compliance issues during audits.
Expired Work Authorizations: Healthcare organizations often employ individuals with various visa statuses or work authorizations. Ensuring that work authorizations are up to date and renewed promptly is crucial to avoid compliance violations.
Storage and Retention: Correctly storing and retaining completed Form I-9s is essential for compliance. Failure to maintain proper records can lead to penalties during audits.

Consequences of Non-Compliance

The federal government takes Form I-9 compliance seriously, and violations can result in significant penalties for healthcare organizations. According to the Department of Homeland Security, fines for paperwork violations can range from $272 to $2,701 per incident. Additionally, penalties for knowingly hiring unauthorized workers can start at $676 for a first offense and escalate to $27,108 for third offenses per violation.

Strategies for Mitigating Form I-9 Compliance Risks

To avoid compliance violations and the associated fines, healthcare organizations can implement the following strategies:

Education and Training: Invest time in educating and training human resources staff on proper hiring protocols for Form I-9 compliance. Ensure that staff are aware of deadlines, required documentation, and best practices for completing and retaining Form I-9s.
Regular Audits and Reviews: Conduct regular internal audits to identify any potential Form I-9 errors or discrepancies proactively. Implement a review process to ensure all forms are completed accurately and on time.
Utilize Electronic Systems: Consider using electronic Form I-9 systems to streamline the process and reduce the risk of errors. Electronic systems can help track deadlines, flag missing information, and securely store completed forms for easy access during audits.
Stay Informed: Stay up to date with changes to Form I-9 regulations and requirements. Regularly review guidance from the U.S. Citizenship and Immigration Services (USCIS) to ensure compliance with the latest standards.

In conclusion, Form I-9 compliance is a critical aspect of running a healthcare organization effectively. By addressing common challenges, staying informed about regulations, and implementing robust compliance strategies, healthcare institutions can minimize risks and focus on their primary mission of providing quality care to patients.

Get in touch with GryphonHR to discover how our tailored solutions can assist healthcare systems and providers in overcoming Form I-9 and E-Verify compliance challenges. Our services streamline and expedite tedious processes, simplifying the entire procedure for you, while helping to ensure compliance with employment eligibility requirements.

Form I-9 Fines Increase Again - What Employers Should Know

Tue, 13 Feb 2024 12:49:34 GMT

An increase to Form I-9 related penalties was recently posted to the Federal Register. As of February 13, 2024 fines related to I-9 paperwork (substantive administrative errors) now range from $281 to $2,789 per form . Form I-9 penalties can add up quickly and employers should bear in mind the importance of compliance with how the Form I-9 is completed and errors during the I-9 document verification process. This development is a result of the ongoing adjustments mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

The increased fine amounts are as follows:

Substantive Form I-9 violations – minimum: $281
Substantive Form I-9 violations – maximum: $2,789
Knowingly employing undocumented – 1st order: $698 to $5,579
Knowingly employing undocumented – 2nd order: $5,579 to $13,946
Knowingly employing undocumented – subsequent: $8,369 to $27,894
Unfair documentary practices: $230 to $2,304
Unfair immigration-related employment practice (discrimination) – 1st order: $575 to $4,610
Unfair immigration-related employment practice (discrimination) – 2nd order: $4,610 to $11,524
Unfair immigration-related employment practice (discrimination) – subsequent order: $6,913 to $23,048
Document Fraud (USC 1324c(a)((1)-(4)) – 1st order: $575 to $4,610
Document Fraud (USC 1324c(a)((1)-(4)) –subsequent order: $4,610 to $11,524
Document Fraud (USC 1324c(a)((5)-(6)) – 1st order: $487 to $3,887
Document Fraud (USC 1324c(a)((5)-(6)) –subsequent order: $3,887 to $9,718
Prohibition of indemnity bonds: $2,789
Employer’s failure to notify DHS of continuing to employ after final non-confirmation: $973 to $1,942

The Importance of I-9 Compliance During an I-9 Audit

In the event of an I-9 audit conducted by The Department of Homeland Security (DHS), employers may have as little as three business days to hand over their Forms I-9 and related documents. Ensuring full compliance with administrative errors is crucial, however employers should also bear in mind that in addition to DHS, the Department of Justice (DOJ) can investigate and penalize employers that have participated in discriminatory practices related to errors made during the employment authorization and identification document review process for Form I-9 purposes. The DOJ has reached hefty settlements with several companies regarding discrimination during the Form I-9 process. Learn more in our e-book: Preventing Discrimination During the I-9 Process or visit the DOJ website.

The DOJ also published guidelines for electronic I-9 solutions that can help to ensure you choose an I-9 software provider that complies with all up-to-date legal requirements. U.S. Immigration and Customs Service (ICE) assesses violations relating to the Form I-9. When determining the amount of the penalty, it considers:

The size of the employer’s business
The good faith of the employer
The seriousness of the violation
Whether or not the individual was an unauthorized alien
A history of previous violations

Implications for Form I-9 Compliance

Understanding the nuances of these adjustments is crucial for businesses and employers navigating the intricate landscape of Form I-9 compliance. The recent increase in penalties underscores the government's commitment to ensuring stringent adherence to immigration-related employment verification processes.

In conclusion, the recent adjustments to Form I-9 penalties highlight the government's proactive approach to maintaining the efficacy of immigration-related compliance measures. As employers strive to uphold the standards set forth by these regulations, staying informed about the evolving landscape of penalties and compliance requirements becomes imperative. Regular checks of the Federal Register for the latest adjustments will prove beneficial in ensuring accurate adherence to Form I-9 guidelines and avoiding potential penalties. Learn how GryphonHR can help you to avoid I-9 related fines and maintain compliance with ever-changing regulations. Contact our team today!

How to Use the Alternative I-9 Document Procedure

Fri, 09 Feb 2024 21:00:44 GMT

As remote work becomes increasingly prevalent, employers are confronted with the task of adapting their onboarding processes to meet the demands of remote I-9 requirements. Fortunately, for those enrolled in E-Verify and in good standing, a viable solution exists to facilitate the remote examination of employee documentation through a DHS-authorized alternative procedure. This process hinges on the designation of authorized representatives, ensuring a seamless and compliant approach to remote I-9 verification.

The Role of Authorized I-9 Representatives:

Central to the remote I-9 verification process is the designation of authorized representatives who can assist in verifying employee documentation on behalf of the employer. These representatives play a pivotal role in ensuring the accuracy and compliance of the remote verification process. However, it's essential to note that while any individual can review work authorization and identification documents and complete Section 2 of Form I-9, the employer remains ultimately responsible for any errors or violations.

Establishing I-9 Best Practices:

To facilitate the smooth operation of remote I-9 verification, employers must establish a set of robust standards that govern the actions of both authorized representatives and employees. This includes outlining the precise order in which the Form I-9 will be completed remotely, ensuring that it is attested to by the representative and verified by a company leader. Additionally, formal written contracts between the organization and authorized representatives can provide further clarity on roles and responsibilities.

Steps for Remote I-9 Verification:

Establish E-Verify Good Standing:

Before embarking on the remote I-9 process, it is imperative for employers to confirm their enrollment in E-Verify and ensure they are in good standing. Compliance with E-Verify requirements forms the foundation for the remote I-9 procedure.

Document Examination:

To comply with remote I-9 requirements, employers should meticulously examine copies of Form I-9 documents or acceptable receipts. It's crucial to verify that the documentation appears genuine and relates to the individual presenting it.

Live Video Interaction:

Conducting a live video interaction with the individual presenting the document(s) is a crucial step in the remote I-9 verification process. This ensures not only the authenticity of the documentation but also its direct relevance to the individual. Prior to the live video interaction, the employee should transmit a copy of the document(s).

Indication on Form I-9:

Complete the corresponding box on Form I-9 to indicate that an alternative procedure was used for documentation examination. Retain clear and legible copies of the documentation for record-keeping purposes.

Consistency for I-9 Management is Key:

Maintaining consistency in applying remote I-9 verification procedures across all employees, particularly those at E-Verify hiring sites, is essential. However, physical examination procedures can continue for onsite or hybrid employees. Section 2 of Form I-9 must be completed within three business days from the date of hire for paid work.

Avoid Discrimination During the I-9 and E-Verify Process:

Employers must avoid any form of discrimination based on citizenship, immigration status, or national origin during the remote I-9 verification process. All employees should be treated equally, and employers should adhere strictly to the Lists of Acceptable Documents outlined in Form I-9 instructions.

Compliance with I-9 Acceptable Documents and E-Verify Rules:

In conjunction with the remote I-9 verification process, employers must be well-versed in the acceptable documents outlined in Form I-9 instructions. Employees are granted flexibility in presenting documentation from the Lists of Acceptable Documents, and employers must avoid requesting additional or different documents beyond those required.

Form I-9 Audit Preparedness:

In anticipation of a Form I-9 audit by federal government officials, employers must be prepared to provide clear and legible copies of identity and employment authorization documentation obtained during the remote I-9 verification process.

By diligently following these steps, employers can seamlessly comply with remote I-9 requirements while ensuring a fair and non-discriminatory approach to document verification. Embracing these practices not only fosters compliance but also streamlines the onboarding process in an era where remote work is increasingly prevalent. For further information on compliance during the remote I-9 process, employers are encouraged to read our white paper: Form I-9 and Remote Hiring , and explore our unique remote I-9 capabilities and authorized representative support, designed to streamline Form I-9 procedures with greater ease, accuracy, and compliance.

How E-Verify is Evolving and What to Know

Tue, 30 Jan 2024 19:49:44 GMT

In recent times, the mandatory use of E-Verify has become a significant point of discussion, with states like West Virginia and Iowa taking steps towards making it a requirement for employers.

What is E-Verify?

E-Verify , an Internet-based system, ensures the accuracy and legality of the employment eligibility verification process by comparing information from an employee's Form I-9 to records held by the U.S. Department of Homeland Security and the Social Security Administration.

The Push for Mandatory E-Verify

In West Virginia, the House of Delegates recently passed House Bill 4759, proposing mandatory E-Verify usage for state employers with 15 or more employees. If enacted, this requirement may come into effect on January 1, 2025. The bill emphasizes the need for small employers to verify new employees' information within three days of hiring, aiming to maintain a legal workforce and prevent the hiring of undocumented individuals.

Iowa, too, is revisiting the idea of mandatory E-Verify, with a significant number of Republican state senators supporting a bill that may soon undergo legislative scrutiny. As the issue gains traction, 25 out of 34 senators have already signed on, and the bill could soon progress to the Judiciary Committee.

National and Remote Implications

Florida set the precedent last year when Governor Ron DeSantis made E-Verify mandatory for employers in the state. Additionally, presidential candidate Nikki Haley has voiced intentions to mandate E-Verify on a federal level, aligning it with her platform on immigration and border security.

The surge in remote work has added a new dimension to E-Verify and Form I-9 Compliance. A recent federal rule allows employers enrolled in E-Verify to virtually examine work authorization and identification documents required for Form I-9, simplifying the process for companies hiring remotely.

The Future with E-Verify NextGen

E-Verify is set to introduce a groundbreaking development in 2024: E-Verify NextGen . This internet-based service integrates Form I-9 and the E-Verify employment eligibility verification process, providing a seamless collaboration between employers and newly hired employees.

Benefits of E-Verify NextGen features empower employees to input their personal information and documents, ensuring enhanced privacy and security. Employers can anticipate improved efficiency and a decrease in data entry errors. Additional features include:

Direct Notifications of Employment Status: Employees receive immediate notifications for most cases, eliminating the need for further action to determine employment eligibility. This may also alleviate the responsibility of employers to issue Further Action Notices in many instances.
Seamless Transition of Verification Status to New Employment: Employees can seamlessly share their employment eligibility status through E-Verify with new employers

To access NextGen, employees will need to create a secure electronic account in myE-Verify. Upon accepting a job offer, they will receive a unique link to the NextGen case generated by their employer. Logging in or creating an account, employees will input their biographic information, citizenship or immigration status, and the necessary documents. Once the employee submits this information, E-Verify will confirm identity and employment eligibility, notifying the employer. The verification process concludes as the employer examines the documents and retains the Form I-9. It's important to note that this process may undergo changes as NextGen continues to develop.

Accessing NextGen for Employers:

Employers can access NextGen through their established E-Verify account. After extending a job offer, and upon the employee's acceptance, the employer will initiate a NextGen case within E-Verify. This enables the employee to electronically share personal information and documentation via their secure myE-Verify account. The employer, in turn, reviews the provided information, examines the Form I-9 documents, and signs and retains the Form I-9. As NextGen evolves, this process may also see modifications. You can also check out this new video from E-Verify.

As we move forward, the evolving landscape of E-Verify, coupled with the introduction of NextGen, is poised to bring enhanced efficiency and accuracy to the employment eligibility verification process. Stay tuned for updates and explore the evolving features of E-Verify to stay compliant in this dynamic regulatory environment.

Form I-9 platform Integrations and E-Verify

The adoption of electronic Form I-9 systems that integrate with E-Verify has become a customary practice for organizations aiming to enhance compliance and streamline processes. Despite the prevalence of I-9 software providers offering E-Verify integrations, a closer look reveals that a majority lack genuine I-9 compliance features and robust capabilities. The use of certain electronic I-9 solutions may result in a cumbersome and non-compliant process, exposing companies to potential fines and operational inefficiencies.

GryphonHR offers a comprehensive I-9 compliance platform crafted to assist employers in adhering to current Form I-9 regulations. The platform includes advanced E-Verify capabilities and features, aiming to minimize legal risks and streamline processing times. Explore a demo highlighting GryphonHR's E-Verify integration features or get in touch with us for more information.

How Form I-9 Software Benefits Background Screeners

Wed, 17 Jan 2024 17:21:12 GMT

In today's dynamic business environment, background screening companies are continually exploring avenues to enhance their services, add value to their clients, and diversify their revenue streams. This blog investigates the symbiotic relationship between background screeners and Form I-9 compliance software, highlighting how this integration streamlines processes, boosts efficiency, and opens new opportunities for growth.

1. Streamlining Compliance Processes and Increasing Efficiency:

In the competitive industry of background screening, companies are constantly seeking ways to stand out and provide enhanced value to their clients. One strategic avenue for growth involves diversifying product offerings, and reselling Form I-9 compliance software can be a lucrative addition. In today's fast-paced and evolving business landscape, compliance with employment regulations is crucial for organizations of all sizes, specifically Form I-9 compliance. Background screeners play a pivotal role in assisting businesses in maintaining a compliant and efficient hiring process. This blog delves into the ways in which background screening companies can increase revenue and add greater value to their customers by incorporating Form I-9 compliance software into their suite of services.

2. Enhancing Accuracy and Mitigating Risks:

Manual handling of data entry and record-keeping is susceptible to human error, potentially resulting in compliance issues. Reselling Form I-9 compliance software equips background screeners with a tool that minimizes inaccuracies through automated data validation and error-checking functionalities. This not only enhances accuracy but also mitigates risks associated with compliance violations.

3. Real-time Updates and Secure Record-keeping:

Keeping abreast of ever-evolving regulations is a challenge for businesses. Form I-9 compliance software often includes features providing real-time updates on regulatory changes, ensuring that businesses remain informed and adaptable. The software also offers a secure platform for storing and managing Form I-9 records in compliance with legal requirements, providing a centralized, auditable repository.

4. Cost-effective Solutions and Revenue Opportunities:

Investing in Form I-9 compliance software can be a cost-effective solution for businesses. By reselling this software, background screeners enable their clients to leverage advanced technology without significant upfront investments. Moreover, the strategic integration of Form I-9 compliance software presents various revenue opportunities for background screening companies.

5. Upselling Comprehensive Compliance Solutions:

Background screening companies can offer more comprehensive compliance solutions by combining background checks with Form I-9 services. This bundled offering appeals to businesses seeking a holistic solution, increasing revenue per client and positioning the company as a one-stop-shop for hiring-related compliance needs.

6. Cross-selling Opportunities:

Diversifying product offerings opens doors to cross-selling opportunities. Background screeners can introduce Form I-9 compliance software as an additional service to their existing client base, leveraging the natural synergies between background screening and compliance services.

7. Targeting New Markets and Industries:

The integration of Form I-9 compliance software allows background screening companies to enter new markets and industries. Tailoring services to meet industry-specific compliance requirements broadens the customer base and mitigates risks associated with sector-specific fluctuations.

8. Customization and White-labeling:

Form I-9 compliance software often offers customization and white-labeling options. Background screening companies can use this feature to tailor the software to their brand, creating a unique offering that reinforces brand identity and attracts clients valuing customization and consistency.

9. Training and Consultation Services:

In addition to reselling software, background screening companies can explore offering training and consultation services related to Form I-9 compliance. This value-added service positions the company as a knowledge leader, fostering stronger client relationships and establishing long-term partnerships through ongoing support and education.

10. Maximizing Value

The strategic integration of Form I-9 compliance software by background screeners not only streamlines operations and ensures compliance but also opens up a realm of opportunities for revenue growth and diversification. This mutually beneficial partnership creates a win-win scenario for both background screening companies and their clients, paving the way for a more efficient, accurate, and comprehensive approach to hiring compliance in the ever-evolving business landscape. Get in touch with an I-9 partnership specialist and learn more about the GryphonHR reseller partner program .

Start 2024 Right: Stay Clear of DOJ Settlements and Uphold I-9 Compliance

Tue, 02 Jan 2024 18:59:10 GMT

In a continuation of its commitment to safeguarding workers' rights, the Justice Department recently secured a settlement agreement with OSI/Fleming’s LLC, the proprietor of Fleming’s Prime Steakhouse & Wine Bar in Sandestin, Florida. This resolution comes amid a broader trend of enforcement actions by the DOJ against employers, a pattern that unfolded throughout 2023 and is anticipated to persist in 2024.

I-9 Enforcement Trends in 2023:

The year 2023 witnessed the Justice Department entering into multiple settlement agreements with various employers, signaling a robust stance against discriminatory practices during the Form I-9 and E-Verify process. These enforcement actions underscore the department's dedication to ensuring that employers adhere to federal laws governing employment practices, particularly those related to the Immigration and Nationality Act (INA).

The Fleming’s Case:

The recent settlement with Fleming’s highlights the repercussions for employers who engage in discriminatory practices during the employment verification process. Fleming’s, found to be in violation of the INA, initially rejected valid documents from a lawful permanent resident, insisting on unnecessary documentation and ultimately terminating the worker when he failed to comply. The Justice Department’s intervention resulted in the rehiring of the affected worker, compensation for lost wages, and the implementation of corrective measures by Fleming’s.

The Justice Department's Civil Rights Division, led by Assistant Attorney General Kristen Clarke, revealed that Fleming’s engaged in discriminatory practices by rejecting the valid documents initially provided by a lawful permanent resident. Instead, the restaurant insisted on unnecessary documentation, specifically requiring the presentation of a document with an expiration date to verify the worker's citizenship status. Subsequently, when the worker failed to comply with this demand, Fleming’s terminated his employment.

The settlement agreement specifies that Fleming's contends that it did not purposefully reject the Charging Party's valid documentation with the intention to discriminate based on his citizenship or immigration status. Fleming's attributes the incident to an error in re-verifying the Charging Party's employment eligibility. Nevertheless, the significance of intent appears minimal, as seemingly simple mistakes made during the Form I-9 or E-Verify process can swiftly place employers in precarious legal situations.

Legal Implications:

Assistant Attorney General Kristen Clarke emphasized the gravity of such discriminatory actions, stating, “Employers that discriminate against workers by rejecting their valid documents or requiring that they show unnecessary documents to prove they can continue to work violate federal law.” The Justice Department's determination underscores the commitment to holding employers accountable for unlawful discrimination based on citizenship, immigration status, or national origin.

Continued Enforcement in 2024:

As the new year unfolds, the Justice Department signals its intent to maintain the momentum of enforcement actions against employers. The trend observed in 2023 is expected to persist throughout 2024, emphasizing the importance of compliance with federal employment laws.

Importance of I-9 Compliance:

Central to the DOJ's enforcement efforts is the emphasis on I-9 compliance. The Immigration and Nationality Act mandates that employers verify the identity and employment authorization of each newly hired employee using Form I-9. The recent cases and settlements highlight the imperative for employers to meticulously adhere to I-9 requirements, treating all workers fairly and equally, irrespective of their citizenship, immigration status, or national origin.

Conclusion:

As we navigate the complexities of the modern workplace, the Justice Department's unwavering commitment to workplace equality serves as a beacon for employers to prioritize fair and non-discriminatory practices. Considering the anticipated continuation of enforcement actions throughout 2024, businesses are urged to prioritize I-9 compliance, fostering workplaces that are not only legally sound but also inclusive and respectful of the diverse workforce that contributes to the nation's prosperity. The new year beckons a renewed commitment to upholding the principles of equality and fairness in the workplace.

Make I-9 Compliance Easier

Learn more about avoiding discrimination in our e-book: Preventing Discrimination During the I-9 Process or contact an I-9 specialist to learn more about how an electronic I-9 compliance solution can help to mitigate legal risk and improve compliance during the employment verification and I-9 management process.

Discover how GryphonHR can help you to ensure that you're document review process is compliant and consistent for new hires, rehires, and reverifications. Our cloud-based Form I-9 platform is customizable and configurable to meet the needs of any size organization, no matter the structure or scale.

Learn more about our robust platform and unique capabilities. Schedule a live demo today .

How I-9 Software Solutions Can Help to Avoid Discrimination Lawsuits

Tue, 05 Dec 2023 19:40:07 GMT

In a recent announcement, the Justice Department declared that it has successfully reached a settlement agreement with the New York City Health and Hospitals Corporation (NYCHH), a healthcare provider serving over a million New Yorkers. The resolution stems from the Justice Department's findings that NYCHH violated the anti-discrimination provision of the Immigration and Nationality Act (INA). This violation occurred when NYCHH refused a worker's valid work authorization document solely based on the worker's national origin during the Form I-9 process.

Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division emphasized, "Employers cannot reject valid documents showing someone’s permission to work based on the country the person was born in." She underscored that federal civil rights laws safeguard workers from discrimination during the employment verification process, and the Justice Department remains committed to holding employers accountable for discriminatory practices based on place of birth or national origin.

The investigation revealed that NYCHH improperly declined a worker's valid employment authorization document (EAD), which had been automatically extended through a Federal Register notice applicable to individuals with Temporary Protected Status (TPS). NYCHH's rejection was based on the mistaken assumption that the worker's country of birth on her EAD had to match the TPS-designated country.

Temporary Protected Status is a temporary immigration benefit allowing qualified individuals from designated countries to reside in the United States due to specific conditions in their home country. Workers with TPS, like any other workers, have the right to present their choice of valid documentation for work authorization. Federal Register notices automatically extending TPS workers' permission to work explicitly state that additional documentation or proof of citizenship status is not required, and the country of birth on the documentation need not match the TPS-designated country.

As part of the settlement agreement, NYCHH will provide back pay to the affected worker to compensate for lost wages resulting from the discriminatory actions. Additionally, NYCHH will pay a civil penalty to the United States, undergo training for its staff on the anti-discrimination provision of the INA, review and amend its employment policies and training materials, and be subject to departmental monitoring for three years.

The Justice Department's Immigrant and Employee Rights Section (IER) within the Civil Rights Division is responsible for enforcing the anti-discrimination provision of the INA, which prohibits discrimination based on citizenship status and national origin in various employment-related aspects, including hiring, firing, recruitment, documentary practices, and protection against retaliation and intimidation.

This case underscores the critical role played by the Justice Department's Immigrant and Employee Rights Section (IER) within the Civil Rights Division. The IER is responsible for enforcing the anti-discrimination provision of the INA, which prohibits discrimination based on citizenship status and national origin in various employment-related aspects, including hiring, firing, recruitment, documentary practices, and protection against retaliation and intimidation.

The Benefits of An Electronic I-9 Solution To Help Prevent Discrimination

Considering incidents like these, organizations can benefit significantly from adopting electronic I-9 solutions. These tools streamline the Form I-9 process, providing a systematic and standardized approach to verification. Importantly, electronic solutions can help mitigate the risk of discrimination by ensuring that the process adheres strictly to the requirements outlined by federal laws.

The benefits of using an electronic I-9 solution extend beyond mere convenience. These solutions often come equipped with built-in compliance checks, ensuring that employers follow the correct procedures and avoid inadvertent errors that may lead to discrimination claims. By automating the verification process, electronic I-9 solutions reduce the likelihood of human error and ensure a fair and uniform approach to all employees, irrespective of their national origin.

Moreover, electronic I-9 solutions can provide real-time updates on changes in immigration policies and regulations, helping organizations stay informed and adapt their practices accordingly. This proactive approach not only enhances compliance but also minimizes the risk of unintentional violations due to outdated or inaccurate information.

In conclusion, the recent settlement between the Justice Department and NYCHH serves as a reminder of the importance of fair and non-discriminatory practices during the Form I-9 process. Employers can proactively safeguard against such issues by embracing electronic I-9 solutions, not only for their efficiency but also for their role in promoting compliance and preventing discrimination in the crucial process of employment verification. Employers can learn more about this topic in our e-book: Preventing discrimination during the I-9 process .

Contact us to see how the GryphonHR Form I-9 compliance platform can help your organization to avoid discriminatory practices during the employment eligibility process.

I-9 Violations and Landmark Settlements

Tue, 21 Nov 2023 04:24:37 GMT

In a recent announcement, the Justice Department revealed that Covenant Transport Inc. and its affiliated entity, Transport Management Services LLC, have agreed to a settlement of $700,000. These two transportation logistics and long-haul trucking companies, headquartered in Chattanooga, Tennessee, were under investigation for violating the anti-discrimination provision of the Immigration and Nationality Act (INA) concerning their treatment of non-U.S. citizen workers during the employment eligibility verification process.

The Investigation Unveiled:

The investigation revealed a consistent pattern of discrimination by Covenant and Transport against non-U.S. citizens between January 2020 and at least August 2022. The companies were found to be requiring lawful permanent residents to present their Permanent Resident Cards (commonly known as green cards) and other non-U.S. citizens to provide documentation related to their immigration status.

Federal Law and Workers' Rights:

Federal law grants all workers, regardless of citizenship status, immigration status, or national origin, the right to choose which valid, legally acceptable documentation they wish to present to demonstrate their identity and work authorization. The INA's anti-discrimination provision explicitly forbids employers from mandating specific or unnecessary documents based on a worker’s citizenship status, immigration status, or national origin.

Settlement Terms and Implications:

As part of the settlement agreement, Covenant and Transport will pay $700,000 in civil penalties to the United States. Furthermore, the companies will conduct employee training on the INA’s anti-discrimination requirements, revise their employment policies, and be subject to monitoring by the Justice Department. The agreement also requires that the transportation organizations:

Prominently post a copy of the Form I-9 Lists of Acceptable Documents for employees to see
Provide individual copies to workers at the same time as they provide them with the Form I-9 to complete,
Inform workers of their right to choose to present any document(s) that are on the Lists or are otherwise acceptable for purposes of employment eligibility verification.

It's important that all employers have a clear understanding of the Lists of Acceptable Documents that accompany the Form I-9 and compliant document practices. The intricacies of the Form I-9 process demand meticulous attention, and this settlement serves as a stark reminder that adherence to anti-discrimination provisions is equally crucial. Employers must recognize the significance of allowing all workers, regardless of citizenship status or national origin, to choose the documentation that best validates their identity and work authorization. Failure to comply with these fundamental principles not only jeopardizes the rights of non-U.S. citizen workers but also exposes employers to the heightened scrutiny of regulatory authorities.

For best practices and insights download our ebook: Preventing Discrimination During the I-9 Process .

The Role of Immigrant and Employee Rights Section (IER):

The Immigrant and Employee Rights Section (IER) of the Civil Rights Division will oversee the enforcement of the anti-discrimination provision of the INA. This provision covers discrimination based on citizenship status and national origin in various employment practices, including hiring, firing, recruitment, documentary practices, and protection against retaliation and intimidation.

Upholding Compliance and Navigating the Regulatory Landscape:
This landmark settlement not only signifies a triumph against discrimination but also underscores the imperative for employers to maintain legally compliant Form I-9 document review practices. While most employers are aware of the risks associated with administrative errors on the Form I-9, which can result in fines and penalties, the recent surge in Justice Department investigations, settlements, and enforcement actions has taken center stage throughout 2023, with indications suggesting that this trend is likely to persist into 2024.

These technological tools streamline the Form I-9 process, offering a systematic and standardized approach to verification. Electronic I-9 solutions play a vital role in reducing the risk of discrimination by ensuring strict adherence to the requirements set forth by federal laws. Get in touch with GryphonHR and speak to an I-9 specialist to learn more.

The New Form I-9: Summary of Changes and What Employers Should Know

Mon, 30 Oct 2023 16:45:14 GMT

On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) introduced a new version of Form I-9 , Employment Eligibility Verification. This form is crucial for employers to verify the identity and employment authorization of their employees. Starting November 1, 2023, it will be mandatory to use the 08/01/2023 edition, and the previous 2019 version will no longer be accepted.

Key Changes to Form I-9:

1.Consolidated Sections:

The new form combines Sections 1 and 2 onto a single sheet, maintaining all the previous fields. This streamlining makes the process more efficient for both employers and employees.

2. Preparer/Translator Certification:

The Section 1 Preparer/Translator Certification area has been moved to a separate Supplement A. Employers can use this supplement when necessary, providing three areas for current and future preparers and translators to complete as needed.

3. Reverification and Rehire:

Section 3, which deals with reverification and rehire, is now a standalone Supplement B. This provides four areas for current and subsequent reverifications. Employers can attach additional supplements as needed.

4. Terminology Clarification:

The terminology in Section 1 has been updated, replacing "alien authorized to work" with "noncitizen authorized to work." This change clarifies the distinction between "noncitizen national" and "noncitizen authorized to work."

5. Mobile Device Compatibility:

The form has been optimized for use on tablets and mobile devices. Employers can download it onto their devices and open it in the free Adobe Acrobat Reader app for easy completion.

6. Simplified Download Process:

Certain features have been removed to ensure easy downloading of the form. This eliminates the need to enter "N/A" in certain fields, streamlining the process.

7. Improved Guidance:

The Lists of Acceptable Documents have been updated to include some acceptable receipts, along with additional guidance and links to information on automatic extensions of employment authorization documentation.

8. E-Verify Employers Checkbox:

A new checkbox has been added for E-Verify employers. This allows them to indicate when they have remotely examined Form I-9 documents.

Changes to Form I-9 Instructions:

1. Reduced Length:

The instruction booklet has been condensed from 15 pages to 8 pages, making it more concise and user-friendly.

2. Definitions and Streamlined Steps:

Key actors in the Form I-9 process are now defined, and the steps each actor takes to complete their section of the form have been streamlined for clarity and efficiency.

3. Remote Examination Checkbox Instructions:

Instructions have been added for the new checkbox indicating when Form I-9 documents were remotely examined, providing guidance for employers utilizing this option.

4. Abbreviations Charts:

The abbreviations charts have been removed from the instructions and relocated to the M-274 handbook.

Conclusion

These changes to Form I-9 and its instructions aim to improve the verification process for both employers and employees. Familiarizing yourself with these updates will help ensure compliance and smooth operations within your organization. As of November 1, 2023, make sure to use the 08/01/2023 edition to stay in accordance with USCIS regulations.

Watch our recent webinar: The New Form I-9 and Remote I-9 Verification to learn more about how to properly complete the new Form I-9 and get more insight into the alternative document examination option and remote I-9 verification.

GryphonHR's Form I-9 platform is already aligned with the new version of Form I-9. Contact us to learn more about how an electronic I-9 solution can help you to stay on top of ever-changing Form I-9 requirements.

Essential On-demand Webinar: Navigating the New Form I-9 and Remote Verifications

Thu, 05 Oct 2023 18:16:37 GMT

Don't Miss the Free On-demand Webinar

In the ever-evolving landscape of immigration compliance, staying abreast of the latest updates and best practices is crucial for employers. GryphonHR, a trusted authority in Form I-9 compliance solutions, is stepping up to the plate with an informative on-demand webinar designed to demystify the complexities of Form I-9 and E-Verify processes. This webinar recording delivers invaluable insights for employers striving for seamless Form I-9 and E-Verify compliance. Click here to watch or keep reading.

Key Takeaways:

Illuminating Compliance Trends and Updates:

With immigration laws and regulations in a constant state of flux, staying updated is paramount. This webinar will shed light on the latest compliance trends, ensuring you're equipped to navigate the complexities with confidence.

A Comprehensive Guide to Completing the Latest Form I-9:

The Form I-9 is the cornerstone of immigration compliance. This webinar will provide a comprehensive guide on completing the latest version, leaving no room for errors or oversights.

In-Depth Knowledge of Alternative Document Examination:

Understanding alternative document examination is a critical aspect of Form I-9 compliance, especially in the era of remote work. GryphonHR's webinar will provide a deep dive into this option, ensuring you're equipped to make informed decisions.

Proven Best Practices and Resources for Streamlined Compliance:

Efficiency is key when it comes to compliance. Learn from GryphonHR's experts about the best practices and resources that can streamline your compliance processes, saving time and minimizing risks.

About the Presenter

Registration :

Participation in this webinar is crucial for employers seeking to elevate their Form I-9 and E-Verify compliance practices. Interested participants can register and view the free webinar here .

About GryphonHR

GryphonHR is a dedicated provider of an intuitive web-based Form I-9 and E-Verify compliance platform with unique capabilities that include the ability to customize and configure the solution to the needs of each individual organization and provide seamless integrations with existing HR, payroll, and business systems. Unlike many other I-9 compliance software providers, GryphonHR enables management of both onsite and remote I-9 management from a single platform without the need for additional apps, fees, or modules. Contact us to see our platform and unique features.

Visit our events page for upcoming webinars and more.

GryphonHR Introduces Enhancements for Remote I-9 Verifications

Tue, 03 Oct 2023 18:37:03 GMT

Unveiling new product features and services at the Annual HR Technology Conference in Las Vegas!

GryphonHR , a trailblazer in web-based Form I-9 and E-Verify solutions, is set to unveil groundbreaking enhancements to its product suite at the esteemed Annual HR Technology Conference in Las Vegas, taking place from October 10-12, 2023, at booth 1600 .

Navigating the intricacies of Federal regulations governing Form I-9 and E-Verify processes can be a daunting challenge for many hiring professionals. The recent introduction of a new version of Form I-9, mandatory as of November 1, 2023, and an alternative document examination option necessitate adaptation from Form I-9 solution providers.

As these regulatory shifts come into play, it is paramount for electronic I-9 providers to proactively upgrade their software to ensure compliance and convenience. GryphonHR not only incorporates the new Form I-9 requirements but also introduces innovative features for both remote and in-person verifications, ensuring an all-encompassing solution without the need for additional apps, modules, or fees.

Some of the latest features and functionalities to be unveiled by GryphonHR address the evolving I-9 landscape, providing enhanced flexibility and simplified compliance. This includes:

A seamless process for virtual meetings to be conducted directly within the I-9 platform as part of the I-9 completion workflow
Easy scheduling for a virtual document reviews
Convenience for employers and employees to leverage the cameras from any of their devices for a virtual meeting
Chat functionality within the virtual meeting
The ability to review uploaded document copies directly during the meeting
A synopsis of the entire video conference for effortless tracking and reporting
An expanded network of affordable I-9 verifiers to review work authorization and identification documents virtually or in-person

Marc Villella, President of GryphonHR, commented, " Given the USCIS' recent introduction of virtual document reviews (alternative document examination option), we are excited about providing these new features and services. They are designed to streamline the Form I-9 process, offering a more cost-effective and efficient solution, all while enhancing the overall candidate experience."

These initiatives reflect GryphonHR's unwavering dedication to proactively adapting their Form I-9 compliance software to align with evolving federal regulations, fostering innovation, and upholding the highest security standards.

GryphonHR is committed to delivering superior solutions, ensuring the best user experience, and providing clients and partners with the indispensable resources, tools, and support needed for their continued success.

Join GryphonHR at booth 1600 during the Annual HR Technology Conference to experience their innovative offerings firsthand. Attendees interested in viewing a demo of the Form I-9 platform at the conference can schedule time in advance. To book a demo visit: https://calendly.com/gryphonhr/hrtech23 .

About GryphonHR

Established in 2018, GryphonHR stands at the forefront of transformation in cutting-edge web-based Form I-9 and E-Verify compliance technology. Their solution sets the standard for intuitive design, regulatory compliance, incorporates top-tier security measures, and offers unparalleled reporting functionalities, all paired with a level of customization that distinguishes them in the HR technology industry.

About The Annual HR Technology Conference & Exposition®

The HR Technology Conference & Exposition®, being held October 10 - 13, 2023 at Mandalay Bay Las Vegas, is the world's largest HR technology event. As the industry’s leading independent event for 20+ years, HR Tech has been a key catalyst for tens of thousands of HR and IT executives in their quest to leverage technology and secure HR’s role as a pivotal component in their company’s overall success. Visit www.HRTechConference.com for details.

Florida company to pay $140,000 over Form I-9 Discrimination Practices

Sat, 30 Sep 2023 14:50:45 GMT

The Justice Department has recently announced a significant settlement with Miami-based janitorial services company, Greene Kleen of South Florida Inc. This resolution addresses the department's findings that Greene Kleen violated the Immigration and Nationality Act (INA) by displaying discriminatory practices against non-U.S. citizens in verifying their work permissions within the United States during the employment eligibility process.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division emphasized, "Employers cannot impose specific document requirements on workers to prove their permission to work that differ based on citizenship or immigration status. The department will not tolerate unlawful and discriminatory practices, which create unnecessary barriers to jobs for people who are just trying to make a living."

Unfair Form I-9 Document Practices

The investigation revealed that from Jan. 1, 2019, to Feb. 28, 2022, Greene Kleen allowed U.S. citizens a choice in presenting acceptable documentation during the Form I-9 process, while simultaneously insisting that lawful permanent residents and other non-U.S. citizens provide only one specific type of documentation.

As part of the settlement, Greene Kleen will pay $140,000 in civil penalties to the United States, institute comprehensive training for its employees on the INA’s anti-discrimination requirements, overhaul its employment policies, and be subject to monitoring by the department.

Federal law unequivocally grants all workers the freedom to choose valid, legally acceptable documentation to establish their identity and work authorization, regardless of their citizenship status, immigration status, or national origin. The INA’s anti-discrimination provision further prohibits employers from demanding specific or unnecessary documents based on these factors.

Understanding Employer Liability

It is crucial for employers to understand the ramifications of requesting specific documents for employment eligibility. Under the law enforced by the Immigrant and Employee Rights Section (IER), employers are strictly forbidden from demanding excessive or different documents, or rejecting genuinely valid-looking documents due to a worker's citizenship, immigration status, or national origin. This type of discrimination commonly arises during the Form I-9 and E-Verify processes, and several companies have been investigated and penalized for their unfair document practices.

Federal law mandates consistent adherence to Form I-9 and E-Verify rules, irrespective of an employee's citizenship, immigration status, or national origin. This anti-discrimination law is outlined in 8 U.S.C. § 1324b, with accompanying regulations found in 28 C.F.R. Part 44.

The Lists of Acceptable Documents

The Form I-9 instructions clearly state that employees may present any documentation from the Lists of Acceptable Documents. At the time of hire, employees can choose to provide either an unexpired List A document or an unexpired List B document along with an unexpired List C document. Employers are advised to accept all documents that reasonably appear genuine and relevant to the employee.

E-Verify Requirements

Employers enrolled in the E-Verify program are obligated to apply it uniformly, irrespective of an employee's citizenship, immigration status, or national origin. This ensures compliance with 8 U.S.C. § 1324b and E-Verify regulations. Engaging in discriminatory practices during the E-Verify process, like mandating a DHS-issued document exclusively from non-U.S. citizens for E-Verify case creation, constitutes a violation of both 8 U.S.C. § 1324b and the established E-Verify rules.

Employers must adhere to the law and not demand additional or different documents than what is required to establish an employee's identity and eligibility to work in the United States.

More information about the Form I-9 and E-Verify requirements can be found at: I-9 Central and the E-Verify website.

Ensuring Compliance: Form I-9 and E-Verify Solutions

Discover how an electronic Form I-9 and E-Verify compliance solution can ensure proper and consistent document practices throughout your organization, mitigating the risks of substantial fines and penalties. Contact GryphonHR to view a live demo or for more information.

GryphonHR To Reveal New Form I-9 Technology Enhancements at ASA Staffing World

Thu, 28 Sep 2023 16:20:10 GMT

GryphonHR, a pioneer in web-based Form I-9 and E-Verify solutions, is set to introduce new Form I-9 verification features and services during the ASA Staffing World Conference in Charlotte, North Carolina, from October 3-5, 2023.

In a swiftly evolving regulatory landscape, GryphonHR acknowledges the intricate challenges faced by staffing professionals in maneuvering through Federal regulations governing Form I-9 and E-Verify processes. Recent updates to Form I-9 and an alternative document examination option compel swift adaptation from Form I-9 solution providers.

GryphonHR introduces innovative features to address the evolving I-9 landscape, offering heightened flexibility for both remote and in-person verifications. This encompasses virtual tools tailored for remote I-9 verification and versatile options for I-9 verifiers, including virtual I-9 agent services.

Notable enhancements to the I-9 verification process include:

● A streamlined process for conducting virtual meetings directly within the I-9 platform as part of the I-9 completion workflow.
● Effortless scheduling for virtual document reviews.
● Convenient utilization of cameras from any device.
● Integrated chat functionality within the virtual meeting.
● The ability to review uploaded document copies directly during the meeting.
● Comprehensive video conference summaries for easy tracking and reporting.

The updated Form I-9 will become mandatory on November 1, 2023, and GryphonHR's platform is already aligned with this new version. These enhancements eliminate any uncertainty from the Form I-9 completion process, streamlining the entire workflow.

Marc Villella, President of GryphonHR, expressed his enthusiasm, stating, "The feedback from our clients has been exceptionally positive, indicating that this could be a significant game-changing development in the market. It stands to greatly enhance organizational efficiency while leveraging the Form I-9 regulation changes."

Attendees of the Staffing World Conference can delve deeper into the future of remote I-9 verification by joining Marc Villella for a Knowledge Hub Talk : The Impact of Remote I-9 Verification on Staffing Organizations. The Knowledge Hub Talk will take place at Stage 1 on Thursday, October 5, 2023, at 1:00pm EST.

Key Takeaways:

● Gaining insight into requirements for remote I-9 verification and the impact on staffing organizations
● Learning more about recent I-9 and E-Verify related trends and what they mean for staffing and HR professionals
● Discovering how Form I-9 and E-Verify compliance tools can help to better manage employment eligibility requirements
● Understanding the available options for remote verifiers and how they can be used for multiple purposes, including Section 3 reverifications

About GryphonHR:
GryphonHR stands at the forefront of web-based Form I-9 compliance software delivering an intuitive platform that facilitates remote and onsite I-9 management from a single, secure web-based platform. The comprehensive solution seamlessly integrates with other HR systems and E-Verify. GryphonHR's solution boasts ease-of-use, state-of-the-art security, robust reporting capabilities, and customization. Learn more at: www.GryphonHR.com .

DOJ Reduces I-9 Related Fines for New Mexico Company

Fri, 15 Sep 2023 16:17:28 GMT

Recent developments in the case of Kodiak Oilfield Services LLC, a small New Mexico-based company, shed light on the critical importance of I-9 compliance for employers. The Department of Justice component overseeing immigration matters has reduced the fine Kodiak must pay for alleged failure to prepare or submit employment eligibility forms, emphasizing the gravity of such violations.

Understanding the Kodiak Case:

Size Matters: Kodiak, employing fewer than 100 individuals, is classified as a small business. This distinction played a role in the reduction of fines, underlining the considerations for small enterprises in cases of I-9 noncompliance.

Lack of Bad Faith: The judge determined that Kodiak's violations were not in bad faith, highlighting the need for comprehensive knowledge and evidence in assessing employer conduct before investigations.

Seriousness of Violations: Failure to submit I-9 forms is considered among the most serious violations, as it undermines the purpose of employment verification requirements. This acknowledgment serves as a reminder of the importance of thorough I-9 compliance.

Default Judgment : Kodiak did not respond to the complaint lodged by the U.S. Department of Homeland Security, resulting in a default judgment on liability. This highlights the necessity for prompt and proper responses to legal matters.

Why Employers Should Consider Electronic I-9 Solutions:

The Kodiak case underscores the critical need for efficient and foolproof I-9 compliance procedures. An electronic I-9 solution, such as GryphonHR, can offer several benefits:

Streamlined Documentation: Electronic solutions facilitate the accurate preparation, submission, and storage of I-9 forms, reducing the risk of paperwork violations.

Timely Notifications: Employers receive timely reminders and notifications for key compliance deadlines, ensuring that forms are completed within the required timeframes.

Efficient Accuracy: An electronic I-9 compliance solution can help to prevent errors or omissions and provide a streamlined process for completing and managing the Form I-9, minimizing the risk of ongoing violations.

Secure Data Storage: With redundant infrastructure and secure data centers, electronic solutions like GryphonHR ensure that sensitive employee information is protected.

Accessibility Anywhere: Employers can access I-9 information from any location, enabling seamless compliance management regardless of external challenges.

The Kodiak case serves as a stark reminder of the legal ramifications employers face in cases of I-9 noncompliance. By leveraging electronic I-9 solutions like GryphonHR, employers can proactively safeguard against potential violations, streamline compliance processes, and ensure the secure storage of critical employee data. With comprehensive electronic solutions in place, businesses can navigate I-9 compliance with confidence and peace of mind.

Contact GryphonHR to learn more about the benefits of a compliant Form I-9 solution.

Navigating I-9 Compliance in the Wake of Natural Disasters

Thu, 14 Sep 2023 16:03:14 GMT

In the wake of the devastating 2023 Hawaii wildfire and other natural disasters, employers face unique challenges when it comes to complying with Form I-9 and E-Verify requirements. It's essential to understand the specific guidance provided by USCIS to ensure that affected employees can meet their employment eligibility verification obligations. This blog aims to provide clarity on the steps employers and employees should take during this trying time.

Form I-9 Compliance:

Form I-9, Employment Eligibility Verification, is a crucial document that verifies the identity and employment authorization of new employees. Here's what employers need to keep in mind:

Employee Responsibilities: New employees must complete and sign Section 1 of Form I-9 no later than their first day of employment.

Verification Deadline: Within three business days of the employee’s first day of employment, employees must present acceptable documents from the Lists of Acceptable Documents to demonstrate identity and employment authorization.

Document Replacement for Affected Employees:

Employees affected by the Hawaii wildfire who need to replace lost, stolen, or damaged documents for Form I-9 completion should follow these steps:

Receipt as Temporary Documentation: New employees can present a receipt showing they've applied for a replacement document. This receipt is valid for 90 days from the first day of employment, fulfilling the verification requirements for List A, B, or C documents.

Presentation Deadline: The actual replacement document must be presented within 90 days from the date the original employment authorization expired.

Reverification for Current Employees:
For current employees requiring reverification, proof of continued employment authorization must be provided by the expiration date of their current employment authorization. They may also use a receipt showing they've applied for a replacement document.

Recreating Destroyed Form I-9 Records:
Employers who lost Form I-9 records in the 2023 Hawaii wildfire must recreate new forms for current employees. Annotate the Additional Information field to indicate that the original form was destroyed in the wildfire, and note the date of creation.

E-Verify Considerations:
E-Verify remains available for employers affected by the wildfire. However, employers should note the following: Employers cannot create an E-Verify case if the employee presents a receipt for a lost, stolen, or damaged document. They must wait until the actual replacement document is presented.

Reason for Delay: When prompted for the reason for the delay, select "Other" and specify "Receipt provided. Awaiting actual document."

Navigating Form I-9 and E-Verify compliance after a natural disaster requires careful attention to USCIS guidance and timelines. Employers should prioritize supporting affected employees in meeting their verification obligations while considering electronic I-9 solutions, such as GryphonHR for enhanced data security and accessibility, even in the face of natural disasters. By following these steps, employers can ensure compliance and support their workforce during this challenging time.

Unlocking Benefits: Electronic I-9 Systems for Remote and Onsite Hires

Fri, 08 Sep 2023 16:44:58 GMT

In today's interconnected world, the landscape of employment is rapidly evolving. The rise of remote work has revolutionized the way businesses operate, offering flexibility and access to a global talent pool. However, this shift brings forth new challenges, especially when it comes to compliance with Form I-9 regulations.

The Remote Work Revolution

Remote work has redefined the traditional office environment. From bustling corporate headquarters to the quiet corners of home offices, employees are proving that productivity knows no boundaries. This change has allowed businesses to tap into a diverse array of talents, regardless of geographical limitations.

Evolving I-9 Regulations

On August 1, 2023, a new Form I-9 and an alternative document examination option for remote verification were introduced for E-Verify enrolled employers. Learn more about the alternative document review option in our recent blog .

The Department of Homeland Security (DHS) is proposing a groundbreaking virtual I-9 inspection program on August 3, 2023. A 60-day comment period is open until October 2, 2023. Comments can be submitted via the Federal eRulemaking Portal under e-Docket ID ICEB–2023–0007, with consideration that submitted information becomes public.

The proposed Non-E-Verify Remote Document Examination Pilot 1 offers a remote verification process for Form I-9, potentially transforming how employers verify eligibility while maintaining integrity. This program targets employers not enrolled in E-Verify, catering to remote work needs.

This pilot program applies to non-E-Verify employers with under 500 employees. Until implemented, non-E-Verify employers must continue in-person document examination requirements. Learn more about the pilot program and comment period here .

The Challenge of Form I-9 Compliance

While the benefits of remote hiring are undeniable, compliance with Form I-9, the Employment Eligibility Verification form, remains a crucial aspect of the onboarding process. The Form I-9, mandated by the U.S. Citizenship and Immigration Services (USCIS), is designed to verify an employee's identity and eligibility to work in the United States. But how do employers ensure compliance when employees are scattered across different locations?

The Role of Authorized Representatives

One solution lies in the concept of authorized representatives. These representatives can review and verify the required documents on behalf of the employer, facilitating the Form I-9 completion process for remote employees. Authorized representatives can range from HR personnel to notaries or even managers who will directly supervise the new hires.

According to USCIS guidelines, any person can review documents for Section 2 verification. However, it’s important to note that employers will be held liable for any mistakes made on the Form I-9 or during the employment eligibility verification process, no matter who completes Section 2.

If leveraging a network of authorized representatives, choosing one that ensures I-9 verifiers are trained on completing the Form I-9 and document complexities can prove to be beneficial.

Benefits of Electronic I-9 Solutions

Embracing technology is another vital step in overcoming the challenges of remote Form I-9 compliance. Electronic I-9 solutions have emerged as a game-changer in simplifying the process. These platforms allow employers to securely store, manage, and access their employees' forms online from any location. Automation features within these systems can help catch errors and ensure that all necessary fields are completed before submission.

Electronic I-9 solutions extend a host of benefits for both E-Verify and non-E-Verify employers. Access to authorized representative networks simplifies document verification, especially for remote hirings. This entails in-person verification for non-E-Verify employers or under the new alternative option for E-Verify employers, virtual tools with live conferencing for remote verifications. Nonetheless, not all electronic I-9 systems offer the same level of convenience, compliance, and capabilities.

The Power of Centralized Management

Employers with a widespread remote workforce can benefit from centralized management of Form I-9 records. Cloud-based solutions enable seamless access to employees' I-9 forms from various locations, ensuring consistent compliance and efficient management.

Strategizing for Success

As remote work continues to reshape the employment landscape, strategic planning is vital. Companies must proactively address the challenges of remote Form I-9 compliance by adopting electronic solutions, providing thorough training, and establishing clear procedures for authorized representatives.

The age of remote work has opened up new horizons for businesses and employees alike. As organizations embrace this shift, it's crucial to ensure that compliance remains at the forefront. By leveraging technology, authorized representatives, and well-defined processes, businesses can conquer the challenges of remote Form I-9 completion, welcoming a new era of compliance and collaboration.

Choosing the Right Electronic I-9 Solution

Modernizing HR processes is a step in the right direction, but it's not the entire journey. Ensuring compliance with Form I-9 and E-Verify regulations is imperative, given the potential for substantial fines and penalties resulting from non-compliance. Thus, selecting the appropriate Form I-9 solution becomes pivotal in safeguarding your team and organization.

Precision takes center stage in electronic compliance. With compliant electronic I-9 systems , errors such as missing or incorrect data become a rarity. Automated checks and validations ensure that all mandatory fields are accurately completed, streamlining onboarding and minimizing audit-related challenges. Additionally, an efficient electronic I-9 compliance platform should seamlessly track document expiration dates for work authorizations, mitigating risks associated with expired visas or work permits.

Investing in Secure I-9 Solutions

Protecting employee and company data is paramount. Opt for a vendor adhering to the highest standards of security, compliance, and privacy. This commitment is vital to maintaining the integrity of sensitive information.

Navigating Through I-9 Audit Trails

Maintaining updated records is vital, especially in the digital realm. Failure to provide evidence of I-9 alterations can lead to complications during government agency inspections. A reliable electronic I-9 system aids in effortless tracking, customized report generation, and maintaining thorough audit trails for every change or access.

Preserving Electronic Form I-9 Signatures and Storage

USCIS regulations dictate the preservation of electronic signatures in a secure manner, preventing unauthorized adjustments or data breaches. Additionally, proper storage and retention of Form I-9 is crucial. Choose an I-9 vendor that facilitates automatic purging when required and meets all storage and retention requirements in line with government regulations.

Seamless Integrations for Efficiency

The adoption of an I-9 solution should not be cumbersome. Opt for a vendor that seamlessly integrates with your HR or business systems, enhancing experiences for your team and employees. Many providers offer integration with E-Verify, streamlining the submission of I-9s and management of E-Verify cases.

Support and Compliance Updates

While large-scale HR system vendors might offer I-9 services, they may lack dedicated and reliable customer support. Agility and timely responses are vital, and a vendor solely focused on Form I-9 and E-Verify compliance technology ensures continuous updates in response to evolving regulations.

Meeting Organizational Needs, Structure, and Scalability

It's important to choose an electronic I-9 system that can support your organizations specific needs and enable you to configure and tailor the software to meet the exact needs of your company, including permission sets. Finding a provider that is flexible enough to support your company's growth and hierarchy, such as multiple locations or multiple employer identification number (EIN) can help to simplify your I-9 management.

Prioritizing Ease-of-Use and Intuitive Functionality

An effective I-9 solution should simplify complex processes, making tasks easier for your team. Not all I-9 systems offer user-friendly experiences. Prioritize an intuitive solution that's easy to navigate and provides helpful guidance.

In the journey toward remote Form I-9 compliance, equipping your organization with the right tools, partners, and strategies is key. By doing so, your business can master the challenges of this evolving landscape, ensuring compliance while enabling seamless collaboration.

Find out what makes GryphonHR different than other electronic I-9 system providers. Contact us to an I-9 specialist today or sign-up for our newsletter to stay updated on Form I-9 and E-Verify topics.

Form I-9 Compliance and Export Control Laws

Tue, 05 Sep 2023 15:44:17 GMT

Ensuring compliance with Form I-9 requirements and export control laws is crucial for businesses operating in today's globalized economy. Failure to do so can lead to serious legal consequences and reputational damage. In this blog post, we'll delve into the intricacies of Form I-9 discrimination and its intersection with export control laws, providing insights and best practices for businesses to stay on the right side of the law.

Form I-9 is a critical document used by U.S. employers to verify the identity and employment eligibility of every employee, regardless of their citizenship or immigration status. This process helps ensure that individuals are authorized to work in the United States.

Form I-9 Discrimination:

Form I-9 discrimination occurs when employers treat individuals differently based on their citizenship, immigration status, or national origin during the hiring process. This is strictly prohibited by the Immigration and Nationality Act (INA).

Examples of Form I-9 Discrimination:

Document Abuse: Requiring specific documents, such as a U.S. passport, from job applicants based on their citizenship status, when other acceptable documents are presented.
Heightened Scrutiny: Subjecting individuals to more stringent Form I-9 verification processes based on their national origin or immigration status.
Selective Verification : Only requesting Form I-9 documentation from individuals who appear to be foreign-born or have an accent.

Understanding Export Control Laws:

Export control laws are regulations that govern the export, re-export, and transfer of controlled items, software, technology, and services, in order to protect national security interests. These laws are enforced by various government agencies, including the U.S. Department of Commerce and the U.S. Department of State.

Intersection of Form I-9 Compliance and Export Control Laws:

Dual Use Items: Employers must be aware of controlled technologies that may be used in both civilian and military applications. Ensuring compliance with Form I-9 helps prevent unauthorized individuals from accessing these technologies.

Technology Transfers: When hiring foreign nationals or individuals on specific visa types, employers must consider potential export control implications, especially if the employee may have access to controlled technologies.

Best Practices for Compliance:

Establish Clear Policies: Develop comprehensive policies and procedures that outline non-discrimination practices in Form I-9 verification.
Provide Training: Educate employees involved in the hiring process about Form I-9 requirements and the prohibition of discrimination.
Conduct Audits: Regularly audit Form I-9 records to identify and rectify any potential discrimination issues.

Consult Legal Experts: Seek legal advice and consultation to ensure compliance with both Form I-9 requirements and export control laws.

The U.S. Department of Justice's (DOJ) recent scrutiny of SpaceX for alleged violations of the Immigration and Nationality Act (INA) serves as a stark reminder of the importance of understanding and adhering to these complex legal frameworks.

SpaceX's Alleged Violations:

The DOJ's 13-page complaint filed against SpaceX on August 23, 2023, alleges that the company engaged in discriminatory hiring practices. These practices allegedly include:

Discouraging Asylees and Refugees: SpaceX allegedly dissuaded asylees and refugees from applying by incorrectly asserting that the company could only hire U.S. citizens and lawful permanent residents.

Failure to Fairly Consider Applicants: The DOJ contends that SpaceX failed to give fair consideration to asylees and refugees who applied for positions at the company, resulting in refusals to hire based on citizenship status.

Exclusive Hiring of U.S. Citizens and Permanent Residents: According to the complaint, from September 2018 to September 2020, SpaceX exclusively hired U.S. citizens and lawful permanent residents, regardless of job roles.

Implications for Employers:

This case emphasizes the need for employers to differentiate between Form I-9 compliance and export control assessments:

Do Not Combine Assessments: Employers should avoid conflating export licensing assessments with the Form I-9 process. These are distinct requirements that should be addressed separately.

Clarify U.S. Person Definition: It's crucial to communicate that "U.S. persons" under export control laws encompass more than just U.S. citizens. This includes lawful permanent residents, refugees, and asylees.

Avoid Restricting Jobs Unnecessarily: Employers should refrain from using export control regulations as grounds to limit job opportunities based on citizenship, immigration status, or national origin.

Provide Training: Ensure that personnel involved in hiring and onboarding receive comprehensive training to prevent discrimination based on citizenship, immigration status, and national origin.

Conduct Targeted Assessments: Only conduct export licensing assessments for positions that involve working with export-controlled items. This step should not be taken for roles that do not require such access.

Inform Candidates: For positions requiring work with export-controlled items, inform all candidates of the purpose of the assessment to promote transparency.

Conclusion:

The SpaceX case serves as a reminder that compliance with Form I-9, export control laws, and non-discrimination provisions of the INA is paramount. By understanding and appropriately implementing these legal requirements, employers can ensure a fair and inclusive hiring process while safeguarding national security interests.

The DOJ reached a settlement with General Motors (GM) earlier this year determining that GM discriminated against non-U.S. citizens in violation of the Immigration and Nationality Act (INA). The department also announced the release of a new fact sheet to help employers avoid citizenship status discrimination when complying with export control laws, which govern U.S. companies’ ability to export certain goods and software, technology and technical data. The department’s investigation of GM revealed that the company’s violations stemmed in part from its failure to properly consider the INA’s nondiscrimination requirements when also complying with export control laws..

Navigating the complex landscape of Form I-9 compliance and export control laws is paramount for businesses operating in a globalized market. By understanding the legal requirements and implementing best practices, employers can protect their organizations from legal liabilities and ensure a fair and inclusive hiring process for all individuals, regardless of their immigration status or national origin.

Discover how GryphonHR can help you to create consistent Form I-9 practices to help avoid discrimination. Get in touch with us to learn more.

Virtual Form I-9 Verification and HR Tech Transformation

Fri, 11 Aug 2023 14:23:08 GMT

The landscape of employment eligibility verification is evolving, and on August 3, 2023, the Department of Homeland Security (DHS) unveiled a groundbreaking proposal that could reshape how employers verify their employee’s eligibility to work in the United States. A 60-day notice was published to the Federal Register by Immigration and Customs Enforcement (ICE) regarding a proposed pilot program for virtual I-9 inspections. Employers and stakeholders have been invited to comment on the proposed rule until October 2, 2023. Public comments can be submitted via the Federal eRulemaking Portal website under e-Docket ID number ICEB–2023–0007. It's important to note that submitting information through this channel makes it public.

The proposed Pilot Program for virtual Form I-9 document inspections, known as Non-E-Verify Remote Document Examination Pilot 1, is poised to bring convenience, efficiency, and adaptability to employers not currently enrolled in E-Verify .

This innovative program aims to introduce a remote verification process for Form I-9, potentially revolutionizing the way employers handle employment verification while maintaining the integrity of the system. Under this proposed rule, employers would have the opportunity to embrace virtual inspections, catering to the needs of a remote workforce and employees scattered across the nation. However, while this program offers several advantages, it's essential for businesses to assess whether this approach aligns with their operational requirements and objectives.

On August 1, 2023, a new Form I-9 was made available, in addition to a new alternative document examination option for remote I-9 verification that only applies to employers enrolled in E-Verify. More information about the new form, the alternative document review options, and E-Verify can be found in our recent blog here .

The new proposed pilot program will apply to employers who are not enrolled in E-Verify and employ less than 500 employees.

Understanding the Proposed Pilot Procedure

The Non-E-Verify Remote Document Examination Pilot 1 program is designed to explore the effects of remote verification on the security of the employment verification system. U.S. Immigration and Customs Enforcement (ICE) will closely evaluate aspects such as error rates, fraud detection, and potential discrimination. Unlike E-Verify employers, non-E-Verify employers would have access to this procedure, which involves the following steps within three business days of an employee's first day of work:

Document Examination: Employers must examine copies (front and back, if applicable) of Form I-9 documents or an acceptable receipt to ensure their authenticity.
Live Video Interaction: A live video interaction must be conducted with the employee presenting the documents. The employee transmits copies of the documents beforehand and then presents the same documents during the live video interaction.
Record Alternative Procedure: Employers must indicate on the Form I-9 that an alternative procedure was used for document examination.
Retention of Copies: Clear and legible copies of the documentation must be retained, adhering to relevant regulations.
Audit Compliance: In the event of an audit or investigation, employers must provide clear and legible copies of the identity and employment authorization documentation.

Participation and Considerations

The Pilot Program offers the potential for wide employer participation, although it might be limited to businesses below a certain size threshold, such as 500 employees. Employers wishing to participate would complete a form, and ICE would periodically collect feedback data to refine the program. Participating employers would be required to maintain electronic copies of all supporting documentation provided by individuals, potentially including anti-fraud and anti-discrimination training.

However, it's crucial for employers to assess whether the virtual Form I-9 inspection aligns with their business model. For employees working onsite or in a hybrid capacity, there may be limitations on using the virtual procedure, requiring physical document examination.

Navigating the Future of Employment Verification

The DHS's proposed Non-E-Verify Remote Document Examination Pilot 1 is undeniably a game-changer in the realm of employment eligibility verification. This initiative offers employers the flexibility to conduct virtual Form I-9 inspections, catering to the needs of modern workforces and decentralized teams. While this opportunity can bring significant advantages, it's paramount for businesses to assess their unique circumstances before embracing this new approach. Changes in verification procedures can introduce uncertainties, making careful evaluation crucial. As the program proceeds through the comment and implementation phases, employers have a valuable opportunity to contribute to shaping the future of employment verification in the United States.

As the landscape of employment eligibility procedures and mandates undergoes transformations, it becomes imperative to utilize appropriate technology. This might involve adopting a Form I-9 solution capable of swift adaptation to align with the evolving Form I-9 and E-Verify regulations. Suppliers of Form I-9 software must ensure their offerings deliver convenience, efficiency, and robust assistance in maintaining compliance. However, it's crucial to bear in mind that not all providers of Form I-9 compliance software possess the capability to provide timely updates to ensure compliance. Neglecting this aspect could potentially expose employers to substantial fines and penalties.

Discover GryphonHR's Initiatives: Simplifying Form I-9 and E-Verify Compliance

GryphonHR is at the forefront of efforts to assist employers in streamlining the complexities of Form I-9 and E-Verify compliance. Our platform is designed to seamlessly integrate evolving regulations, providing a user-friendly and efficient experience. Witness our platform in action today and explore how it can effectively support your compliance efforts. Connect with one of our Form I-9 experts to gain valuable insights and assistance tailored to your needs. Don't navigate the compliance landscape alone—partner with GryphonHR for enhanced compliance simplicity. Contact us to learn more.

Navigating the New Form I-9 and DOJ Settlements

Thu, 03 Aug 2023 15:23:58 GMT

As the New Form I-9 was introduced on August 1, 2023, in addition to the remote I-9 alternative options for certain employers, it is crucial for staffing and HR professionals to remain focused on essential Form I-9 compliance requirements. Amid these developments, the avoidance of discriminatory practices during the document review process is paramount, as several companies have recently settled with the Department of Justice (DOJ) due to such practices.

Form I-9 compliance is more critical than ever, with the implementation of the updated form and the availability of remote options. Employers must ensure that they adhere to the necessary regulations and guidelines to maintain a fair and inclusive hiring process. Discrimination during the Form I-9 document review process can lead to severe consequences for organizations, as evidenced by recent settlements with the DOJ.

By staying vigilant and prioritizing compliance, staffing and HR professionals can protect their companies from potential legal pitfalls. A strong commitment to fair and consistent document reviews, along with keeping abreast of the latest compliance updates, is crucial to maintaining a compliant and ethically sound hiring process.

As the landscape of Form I-9 continues to evolve, it is essential to embrace these changes responsibly and ensure that your organization remains on the right side of the law. By fostering a culture of compliance and non-discrimination, companies can build a strong foundation for a diverse and talented workforce while safeguarding their reputation and future success.

Recent DOJ settlement

In a significant development, the Justice Department announced yesterday that it has reached a settlement agreement with three corporate entities: Mr. Glass Doors and Windows Inc., Mr. Glass Doors and Windows Manufacturing LLC, and Powder Coating Technologies LLC (collectively known as Mr. Glass Group). The settlement addresses the department's findings that Mr. Glass Group violated the Immigration and Nationality Act (INA) by engaging in discriminatory practices against non-U.S. citizens during their Form I-9 work authorization document examinations.

Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division emphasized that requiring specific or unnecessary documents to prove work authorization creates an unlawful barrier to employment for eager individuals looking to provide for themselves and their families. The Justice Department is committed to upholding equal opportunity in the workplace and will not tolerate any form of unlawful discrimination.

The investigation revealed that between March 1, 2018, and September 16, 2020, Mr. Glass Group consistently required lawful permanent residents to present a specific immigration document for work authorization verification, solely based on their citizenship or immigration status. Such discriminatory practices are in direct violation of the INA's anti-discrimination provision, which prohibits employers from demanding particular or unnecessary documents based on an employee's citizenship, immigration status, or national origin.

Settlement Fines & Penalties

To resolve this matter, Mr. Glass Group has agreed to pay $120,000 in civil penalties to the United States. Additionally, the settlement mandates that the company undergo personnel training on the requirements of the INA, revise its employment policies to ensure compliance, and be subject to ongoing monitoring and reporting by the Justice Department.

The INA, a federal law, grants all workers the right to choose any valid, legally acceptable documentation to demonstrate their identity and permission to work, regardless of their citizenship, immigration status, or national origin. Employers are prohibited from requesting specific or unnecessary documents based on a worker's background. Many non-U.S. citizens, including lawful permanent residents, are eligible to present the same types of documents as U.S. citizens to prove their work authorization, such as a driver's license and an unrestricted Social Security card. Employers must accept any valid documentation that appears genuine, irrespective of the worker's citizenship status.

The Civil Rights Division's Immigrant and Employee Rights Section (IER) is responsible for enforcing the INA's anti-discrimination provision. The statute aims to prevent discrimination in various aspects, including hiring, firing, recruitment, referral for a fee, unfair documentary practices, retaliation, and intimidation, based on citizenship status and national origin.

This settlement underscores the government's commitment to ensuring fair treatment and equal opportunities for all workers in the United States, regardless of their immigration status. Employers must be vigilant in complying with the INA's requirements to foster an inclusive and diverse workforce. The Justice Department will continue its efforts to combat discrimination and protect the rights of all employees in the hiring process and the workplace.

Improve Compliance with Essential Tools and Practices

Form I-9 compliance is a critical aspect of the hiring process, and cloud-based software can be a game-changer for employers. By utilizing cloud Form I-9 compliance software, employers can establish consistent processes and streamline document reviews, reducing the risk of discriminatory practices during hiring and document reverification.

With ever-changing regulations and rules surrounding Form I-9 and E-Verify, it can be challenging for employers to stay updated. However, with cloud software solutions, staying on top of these updates becomes effortless. Your Form I-9 compliance software provider takes on the responsibility of monitoring employment eligibility and legal requirements, ensuring the software remains up to date with the latest compliance standards. This way, users can complete Form I-9 confidently, without worrying about inaccuracies or procedural errors.

GryphonHR is at the forefront of Form I-9 compliance software, dedicated to maintaining compliance with Form I-9 and E-Verify requirements. Our cloud-based solution streamlines processes, creating a seamless experience for your HR team and employees alike. From simplifying document review to ensuring consistent and compliant procedures, GryphonHR can help your organization maintain a strong compliance foundation while focusing on what truly matters - building a talented and diverse workforce.

Reach out to us today to learn more about how GryphonHR can enhance your Form I-9 compliance efforts and streamline your hiring process. Let us help you embrace the future of HR compliance with confidence.

Updates on the New Form I-9 and Remote Inspection Option

Tue, 01 Aug 2023 16:24:23 GMT

New I-9 and E-Verify Information

U.S. Citizenship and Immigration Services (USCIS) has recently unveiled an updated version of Form I-9 , set to be effective from August 1, 2023. The revised form introduces several improvements, aiming to simplify the process for employers and enhance accessibility. Click here to access the newly revised Form I-9.

Employers can use the current Form I-9 (Rev. 10/21/19) until October 31, 2023. After this date, they must use the new Form I-9 to avoid penalties. USCIS will publish the revised form on uscis.gov on August 1, 2023.

One notable addition to the new Form I-9 is a checkbox, specially designed for employers enrolled in E-Verify . This checkbox allows them to indicate that they have remotely examined identity and employment authorization documents, following an alternative procedure authorized by the Department of Homeland Security (DHS).

The DHS issued a final rule in the Federal Register on July 21, 2023, signaling the end of temporary COVID-19 flexibilities as of July 31. However, it also granted the authority to approve optional alternatives for employers to examine Form I-9 documentation. Alongside this rule, the DHS published a document in the Federal Register, outlining and authorizing the option for employers enrolled in E-Verify to remotely examine their employees' identity and employment authorization documents through a DHS-approved alternative procedure.

Alternative Remote I-9 Procedure Update

USCIS issued an article today stating: employers enrolled in E-Verify during the COVID-19 temporary flexibilities may use an alternative procedure to satisfy the requirement of physically examining Form I-9 documents that had been examined remotely under the COVID-19 flexibilities.

In May 2023, ICE announced that employers had until August 30, 2023, to physically inspect all documents that had been examined remotely using the COVID-19 flexibilities.

On July 25, 2023, DHS announced an alternative procedure for Form I-9 in a Federal Register Notice . Based on the Notice, employers who meet four requirements may choose an alternative procedure in lieu of physically examining Form I-9 documentation that had been examined remotely under the COVID-19 flexibilities.

To qualify for the alternative procedure, the employer must have:

performed remote examination of an employee’s documents between March 20, 2020, and July 31, 2023;
been enrolled in E-Verify at the time they completed the Form I-9 for that employee;
created a case in E-Verify for that employee (except for reverification); and
be currently enrolled in and continue to participate in E-Verify.

All E-Verify employers that choose the alternative procedure instead of physical examination must follow the instructions for the alternative procedure in this guidance. Even if the employer performed steps similar to the alternative procedure at the time of hire, the employer must still complete the steps of the new alternative procedure to finalize the Form I-9. Employers may not unlawfully discriminate when using this procedure based on a protected characteristic, such as by deciding that certain employees are not eligible for the alternative procedure. Employers who do not meet all four requirements must perform an in-person physical examination of documents by August 30, 2023.  Find more information in the USCIS announcement .

Overview of Completing the New Form I-9

At the time of hire, Section 1 collects essential identifying information from the employee and requires them to declare their work authorization status.

Within three days of hire, Section 2 gathers information about the employee's identity and employment authorization. The employee must present original documentation, which the employer must review.

Supplement A should be completed when new hires have preparers and/or translators assisting them with Section 1.

Supplement B should be filled out when rehire occurs or when reverification is required, such as when employment authorization expires or a name change occurs.

Employers must maintain each employee's Form I-9 for the duration of their employment and for the required retention period after employment ends (either three years after hire or one year after termination, whichever is later).

Employers must ensure proper completion and retention of Form I-9, keeping it for the duration of the individual's employment and the required retention period after employment termination. Failure to comply may lead to civil money penalties and, in severe cases, criminal penalties, according to the DHS guidance.

Considerations for Electronic I-9 solutions

Electronic I-9 providers should be ready to update their software with the new Form I-9 and all employment eligibility verification compliance requirements. In addition it's important to provide clients with convenient features for both the remote I-9 alternative option and in-person verification processes to help ensure compliance with Form I-9 and E-Verify, while streamlining and simplifying processes. Learn how GryphonHR can help to make the entire Form I-9 and E-Verify process easier, while increasing compliance. Get in touch with us today !

Form I-9 Considerations for Staffing Agencies

Thu, 27 Jul 2023 18:33:59 GMT

As of August 1, 2023, the new Form I-9 will be available in addition to remote I-9 verification for E-Verify employers . Form I-9 compliance for U.S. employers and staffing organizations comes with its own set of challenges, this article will help to review key Form I-9 and E-Verify considerations, especially for staffing companies.

The largest challenges that we often see staffing organizations struggle with, as it relates to compliance with Form I-9 requirements for both onsite and remote hires is:

Hiring in large volumes and managing high turnover rates.
Seasonal, temporary, and contingent workers.
Multiple hiring locations with a dispersed workforce.
Companywide training for HR staff on consistent and compliant processes.
Managing and tracking I-9s for each hire, client, and location.
Staying up to date with Form I-9 and E-Verify requirements.

Additional challenges arise with remote I-9 verification including:

Organizing logistics to meet the in-person document inspection requirements (virtual I-9 verification alternatives will not be available to employers who do not participate in E-Verify).
Training staff in complex document requirements.
Avoiding discrimination during the document review process.
Managing and keeping track of I-9s for multiple sites.
Accurately completing each field of the Form, I-9 and meeting government deadlines.

Government compliance guidelines may seem complex, however, there are key considerations that staffing companies should keep in mind for offsite hiring, including the following requirements:

Section 2 of Form I-9 must be completed within 3 business days from the date work for pay begins. Staffing agencies may choose to use either the date an employee is assigned to the employee’s first job or the date the new employee is entered into the assignment pool as the first day of employment.
Employers may designate, hire, or contract with any person to complete, update or make corrections to Section 2 or 3 on their behalf. This person is known as the employer’s authorized representative.
A company employee or authorized representative must be physically present with the employee to review identification and work authorization documents, unless you are an E-Verify employer. The alternative document review rule for virtual I-9 document inspection will apply after August 1, 2023.
The person that examines the original, unexpired documents in the presence of the employee must fill out, sign and date Section 2 of the I-9.
The employer will be liable for any errors made on Form I-9, no matter who completes Section 2 or Section 3.

Section 2 Document Review Considerations

As the COVID-19 temporary remote I-9 verification flexibilities are soon to expire, taking the following rules into account may be helpful in ensuring that your organization meets I-9 compliance guidelines:

The authorized representative must accept a document presented by an employee that reasonably appears to be genuine and relates to the individual presenting it.
The document must be original – photocopies are NOT acceptable, except for a certified copy of a birth certificate.
Your employees CHOOSE which documentation to present from the Lists of Acceptable Documents.
One document from List A; or one document from List B in combination with one document from List C.
If you take part in E-Verify, and the employee presents a combination of List B and List C documents, then the List B document must contain a photograph.
You may accept a receipt showing that your employee has applied to replace a document that was lost, stolen or damaged. See USCIS guidance for more information about receipt rules.

Keep in mind that foreign national employees often have added requirements that your staffing organization should be mindful of such as:

Expiring Work Authorizations
TPS Status – Temporary Protected Status
Visa Category Codes – Category Codes and Additional Document requirements

Avoiding Discrimination

Avoiding discrimination during the Form I-9 or E-Verify process is imperative for staffing agencies. Several staffing agencies have been fined and penalized due to discrimination during the onboarding process and violations of the Immigration and Nationality Act (INA).

It is important that every U.S. employer follow compliance guidelines regarding the document review process. Requesting specific documents or more documents than necessary violates the INA and can lead to substantial penalties per offense. Learn more about a related staffing company case here in our recent blog: Staffing Company Fined for I-9 Discrimination Practices .

Key items to consider:

It is against the law if, during the Form I-9 process, an employer takes any of the following actions based on a worker’s citizenship, immigration status, or national origin:

Limits a worker’s choice of documents from the Lists of Acceptable Documents.
Requests more or different documents than necessary.
Rejects valid documentation that reasonably appears to be genuine.

Click here to the download DOJ guidance for avoiding discrimination during the Form I-9 and E-Verify process. The DOJ has also provided new guidance for avoiding discrimination related to employment eligibility verification and U.S. export control laws.

Remote I-9 Verification Options

Many Form I-9 vendors provide the following options for a remote physical review of I-9 verification:

The options to choose an employer appointed authorized representative.
The option to allow your employees to choose their own authorized representative.
The option of a third-party network, including a national network of mobile notaries, trained on completing Form I-9 to meet the employee at a convenient location.
Coming soon: As the new remote I-9 verification alternative becomes available for E-Verify employers, some electronic I-9 vendors may incorporate tools for a live video conferencing directly into their platform. Note: A live video call is a requirement to use the alternative process.

Although any person may review Form I-9 documents, it’s important to note that the employer will be held liable for any errors or mistakes, which could lead to hefty fines and penalties. Abiding by document review requirements and avoiding discrimination during the I-9 process is imperative no matter who completes the I-9. This is where a Form I-9 compliance software provider may be able to help to create a consistent and more compliant process for both onsite and remote hires.

What To Keep in Mind About Electronic I-9 Vendors

Many staffing organizations have already implemented an electronic I-9 solution or I-9 software solution, however it’s important to bear in mind that not all I-9 systems are designed to meet compliance requirements, and some are not well suited to meet the needs of staffing agencies. Electronic I-9 vendors may offer a way to complete Form I-9 online, however not all systems are built to help ensure each form is completed accurately. Some electronic I-9 systems may walk the user through completing each field of the I-9 but may also fail to meet current I-9 compliance requirements. Other areas you may want to address when searching for an I-9 software vendor include:

Learn more about how a Form I-9 compliance platform can help staffing organizations to succeed in meeting legal requirements by contacting us or sign-up for a demo to see what makes GryphonHR different than other I-9 software providers.

1) Ensure your I-9 vendor can support your agency’s structure and scale:

Does your organization have multiple Employment Identification Numbers? If so, can you configure your I-9 system to your staffing agency’s structure, so that it works across all locations?

2) Find a solution that you can customize to meet your agencies specific needs:

Can the I-9 platform help you to supply specific permissions for administrators and limited permissions for other staff members?
Can you brand the solution with your company’s logo, colors, and visual style?
Can you configure reports and dashboards to help you find information quickly and easily?
Do you receive alerts and notifications for expirations and items that need attention?
Can you customize employee emails and notifications?
Can the I-9 system integrate with your existing business or HR systems to provide a seamless experience?
Are you able to view progress, track and create customizable reports to better manage your Form I-9 and E-Verify procedures?

3) Review the vendors policies and platform features for compliant storage, retention, and data security:

Does the system meet I-9 storage and retention requirements?
What protocols are in place to keep your company and employee data safe and secure?
Can you access and import or export company data quickly when you need it, especially when it comes to an Audit?

4) An I-9 system can affect the onboarding experience for your staff and employees:

Is your system easy for your staff and employees to use?
Is responsive support offered when your team or employees need help?

5) If you’re using a third-party network of authorized representatives:

Are they trained in completing the I-9 and your vendors system? Does I-9 data get transferred to a third-party system?
Do you have access to convenient and flexible I-9 verification options?

The New I-9, Remote I-9 Alternatives, and E-Verify Updates

Wed, 26 Jul 2023 15:01:43 GMT

Last week, the announcement of the new Form I-9 and remote I-9 verification for E-Verify Employers, has raised questions among HR and staffing professionals. They are wondering how and when to use the alternative procedure to and how to determine if they are in good standing with E-Verify.

Employers who have not yet adopted E-Verify and are facing logistical challenges in meeting the in-person requirement for completing Section 2, may want to consider signing up for E-Verify . The temporary flexibilities for remote verification, introduced during the peak of the Covid-19 pandemic, will expire on July 31, 2023. Employers have until August 30, 2023, to complete in-person verifications for employees hired using these flexibilities, even after the new remote verification option becomes available.

If employers have been using E-Verify without any issues like audits or notifications indicating they are not in "good standing," they are likely eligible to participate in the remote alternative procedure verification option. This option permits the use of live video for verifying work authorization and identification documents. Read our blog for more details about the new rule. Additional information will also be available on August 1, 2023.

Form I-9 is mandated on a federal level, and some states and local governments mandate the use of E-Verify, however many employers also participate in E-Verify voluntarily. E-Verify is a web-based system through which employers electronically confirm the employment eligibility of their employees. It involves employers creating cases based on information from an employee's Form I-9, which is then electronically compared to records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA). Employers typically receive a response within a few seconds confirming the employee's employment eligibility or indicating the need for further action.

E-Verify is administered by SSA and USCIS, which provide program support, user support, training, outreach, and technological solutions to facilitate compliance with U.S. immigration law in employment eligibility verification.

Why Use E-Verify?

E-Verify offers several benefits, including providing employers with peace of mind that their employees are legally authorized to work in the United States. Completing Form I-9 is a legal requirement for each newly hired employee, and E-Verify enhances this process by taking employment verification to the next level.

According to U.S. Citizenship and Immigration Services, E-Verify has over 1 million enrolled employers of all sizes, more than 2.4 million hiring sites, and about 1,500 new participating companies joining every week. It is one of the federal government's highest-rated services for user satisfaction.

Furthermore, USCIS is working on rolling out E-Verify NextGen, an exciting new product that modernizes and streamlines the Form I-9 and verification process for employees and employers. E-Verify NextGen integrates the Form I-9 and E-Verify employment eligibility verification process, increasing efficiency and convenience for both parties. The release of E-Verify NextGen will happen incrementally throughout 2024, and updates will be available on the E-Verify Twitter and LinkedIn accounts.

E-Verify NextGen

NextGen offers various benefits to employees, such as increased privacy and security by entering their personal information directly, the ability to update and share employment eligibility information with their E-Verify participating employer and receiving direct notifications regarding their employment eligibility status.

For employers, NextGen reduces data entry errors as employees enter their personal information directly, manages cases in one place by seamlessly integrating with E-Verify, and delivers Further Action Notices directly to employees in most cases, saving time and effort.

To access NextGen, employees will create a secure electronic account in myE-Verify, while employers will access it through their established E-Verify account. The process for verification will involve employees providing their biographic information, citizenship or immigration status, and acceptable document(s) electronically through myE-Verify. E-Verify will then confirm their identity and employment eligibility and notify the employer. The employer will review the information provided, examine the employee's Form I-9 documents, sign, and retain the Form I-9.

Get Help With Form I-9 and E-Verify

Whether you are required to use E-Verify or are just looking to do so to help leverage the remote I-9 verification option, GryphonHR can help you to streamline the entire Form I-9 and E-Verify process. If you’re currently using an electronic I-9 solution, you may want to consider if E-Verify is integrated into the platform for a more seamless experience and easier management of E-Verify cases, and if they will offer remote I-9 conferencing tools, accessible through the I-9 platform. See what makes GryphonHR different from other I-9 compliance software providers by contacting us today .

New Form I-9 and Remote Verification for E-Verify Employers

Fri, 21 Jul 2023 19:41:57 GMT

Today USCIS announced a new version of Form I-9 , in addition to remote review of I-9 documents for employers participating in E-Verify.

On March 20, 2020, ICE made an announcement on its website regarding precautions related to COVID-19. As a result, employers were allowed to defer the physical examination requirements for Form I-9. This meant that they could remotely inspect the Form I-9 documents using virtual methods (e.g., via video link, fax, or email) within three business days of the employee's first day of employment. If conducting remote inspections, the employer had to obtain, inspect, and keep copies of the documents within three business days. They were also required to indicate "COVID-19" as the reason for the physical examination delay in the "Additional Information" field of the Form I-9.

Once regular operations resumed, employers were obligated to physically examine the documents and enter the notation "documents physically examined" along with the inspection date in the "Additional Information" section of the Form I-9. Initially, the provisions were allowed for 60 days from the date of the notice or within three business days after the termination of the national emergency, whichever came first.

These guidelines were originally applicable only to employers and workplaces operating remotely. The guidance emphasized that if there were employees physically present at a work location, in-person verification of identity and employment eligibility documentation for Form I-9 would remain unchanged at that time. However, in cases where newly hired or existing employees were subject to COVID-19 quarantine or lockdown protocols, the Department of Homeland Security (DHS) would evaluate these situations on a case-by-case basis.

During the ongoing COVID-19 national emergency, ICE regularly extended an announcement it made on March 20, 2020. On March 31, 2021, ICE provided an update, stating that starting from April 1, 2021, only employees who physically reported to a company's location on a regular, consistent, or predictable basis were required to undergo an in-person examination of their Form I-9 identity and employment eligibility documentation.

Employees hired on or after April 1, 2021, who exclusively worked remotely due to COVID-19-related precautions, were temporarily exempted from the physical examination of their Form I-9 documents until they began working on-site regularly or until the extension of these flexibilities was terminated, whichever came first.

Due to the continued impact of the COVID-19 pandemic, ICE extended these flexibilities multiple times. Earlier this year, ICE announced the end of the temporary flexibilities expiring on July 31, 2023; giving employers 30 days, until August 30, 2023, to physically inspect work authorization and identification documents for those employees hired using the flexibilities.

Subsequently, on October 26, 2021, USCIS invited public input on document examination practices associated with Form I-9 by publishing a notice in the Federal Register. The response included 315 public comments, with the vast majority supporting a remote document examination option, as it reduced burdens on both employers and employees. While some commenters raised concerns about document fraud, others suggested measures to address and minimize such risks.

A permanent alternative to physical document examinations for some employers who qualify with specific parameters will also be available. The alternative options are expected to be available to qualifying employers August 1, 2023.

New Alternative Options to Physical Document Inspection

Starting from August 1, 2023, qualified employers may use the alternative procedure for verifying employee identity and employment authorization. However, this procedure cannot be applied to employees hired before the effective date of the notice, except for specific outlined circumstances. Other employers who are not enrolled in E-Verify can use the alternative procedure after becoming a participant in good standing by enrolling in E-Verify and completing the required training.

Currently, the alternative procedure is exclusively available to qualified employers, which means those who are participants in good standing in the E-Verify system. A participant in good standing in E-Verify is an employer who has enrolled in the E-Verify program for all hiring sites within the United States that are using the alternative procedure. This employer must also comply with all E-Verify program requirements, including verifying the employment eligibility of newly hired employees in the United States.

Additionally, the employer must maintain its participant status in good standing in E-Verify while using the alternative procedure. The alternative procedure does not have a set expiration date but may be amended or canceled by the Department of Homeland Security (DHS) if necessary. Any changes to the alternative procedure will be announced by the Secretary, and public comment may be sought through the Federal Register, if appropriate.

Qualified employers must allow employees the option to choose whether they want to use the alternative procedure or submit documentation for physical examination. If an employee prefers to have their documents physically examined, the employer must comply with that request.

To verify the authenticity of the documents, the qualified employer (or their authorized representative) must examine copies of the documents presented by the employee and conduct a live video interaction with the employee to ensure that the documentation corresponds to the individual. During the live video interaction, the employee must transmit a copy of the document(s) to the employer and then present the same document(s) for verification.

Under this alternative procedure, qualified employers (those who are participants in good standing in the E-Verify system) have the option to conduct the verification process remotely through live video interactions with employees, instead of in-person meetings. Here's a summary of what the alternative procedure entails:

Remote Verification: Instead of physically examining original documents in-person, the qualified employer can examine copies (front and back, if applicable) of Form I-9 documents or acceptable receipts presented by the employee remotely.

Live Video Interaction: The employer must conduct a live video interaction with the employee presenting the documents. During this interaction, the employee is required to transmit copies of the documents to the employer and then present the same documents during the live video session to ensure authenticity.

Indication on Form I-9: The employer must indicate on the Form I-9 that an alternative procedure was used for document examination by completing the corresponding box in Section 2 or for reverification, as applicable.

Retention of Copies: Qualified employers using the alternative procedure must retain clear and legible copies of the documents (front and back, if applicable) in accordance with relevant regulations.

Compliance with Audits : In the event of a Form I-9 audit or investigation by a relevant federal government official, the employer must make clear and legible copies of the identity and employment authorization documentation presented by the employee available for examination in connection with the employment eligibility verification process.

It's important to note that these alternative procedures are only available to qualified employers who are participants in good standing in E-Verify. Additionally, the new edition of Form I-9, effective from August 1, 2023, must be used when indicating the use of the alternative procedure on the form. Check out our infographic for a quick guide on the remote I-9 verification process.

If a qualified employer decides to utilize the alternative procedure for new employees at an E-Verify hiring site, it must apply this procedure consistently for all employees at that site. However, the employer has the option to offer the alternative procedure only for remote hires while continuing to use physical examination procedures for all employees who work onsite or in a hybrid capacity. The employer must ensure that this decision is not based on discriminatory purposes and that employees are not treated differently based on their citizenship, immigration status, or national origin.

As mentioned above DHS will also make a new version of Form I-9 available.

Learn how GryphonHR can help you streamline Form I-9 and E-Verify compliance requirements with an integrated electronic I-9 solution that makes processing E-Verify cases easier and faster. Get in touch with us or sign-up for a plan today!

The New Form I-9 Will Be Available August 1, 2023

Fri, 21 Jul 2023 19:40:32 GMT

The newly updated Form I-9 brings various revisions and improvements to streamline the process and reduce burdens for both employers and employees. The new Form I-9 contains two sections and two supplements. U.S. Citizenship and Immigration Services (USCIS) made several updates to the form and its instructions:

1. Sections 1 and 2 are now combined on a single-sided sheet, merging multiple fields into fewer fields when possible.

2. The Section 1 Preparer/Translator Certification area is now a separate supplement (Supplement A) that employers can provide to employees as needed. The Section 3 Reverification and Rehire area is also a separate supplement (Supplement B) for rehires or reverification.

3. The term "alien authorized to work" in Section 1 is replaced with "noncitizen authorized to work," and the difference between "noncitizen national" and "noncitizen authorized to work" is clarified.

4. The form is optimized for filling out on tablets and mobile devices, and certain features were removed for easier downloading.

5. The notice at the top of the form on how to avoid discrimination during the Form I-9 process is updated.

6. The Lists of Acceptable Documents page is revised to include acceptable receipts and guidance on automatic extensions of employment authorization documentation.

7. A checkbox is added for eligible employers to indicate when Form I-9 documentation was examined using a DHS-authorized alternative procedure.

The Form I-9 instructions have also been updated:

1. The length of instructions is reduced from 15 pages to 8 pages.

2. Definitions of key actors involved in the Form I-9 process are included.

3. Instructions for each actor's section of the form are streamlined.

4. Guidance for using the new checkbox for employers who use an alternative procedure is added.

5. Abbreviations charts are removed and relocated to the M-274, Handbook for Employers: Guidance for Completing Form I-9.

Employers should start using the updated Form I-9 with a version date of "(Rev. 08/01/23)" from August 1, 2023. They can continue using the prior version (Rev. 10/21/19) until October 31, 2023. After October 31, 2023, the old version will be invalid, and employers using it may be subject to penalties under the Immigration and Nationality Act enforced by U.S. Immigration and Customs Enforcement (ICE). There is no need to complete the new Form I-9 for current employees who already have a properly completed Form I-9 on file unless reverification is necessary after October 31, 2023.

Keep in mind, conducting unnecessary verification for current employees may violate the INA's anti-discrimination provision, section 274B of the INA, 8 U.S.C. 1324b, which is enforced by the Immigrant and Employee Rights (IER) section.

Starting from August 1, 2023, employers can download the new Form I-9 (Rev. 08/01/23) from the USCIS website at www.uscis.gov/i-9 or order paper copies: www.uscis.gov/forms/forms-by-mail .To obtain the updated Form I-9 (Rev. 08/01/2023), an exemplar can be viewed at www.regulations.gov under the docket for this notice [CIS No. 2532-13; DHS Docket No. USCIS-2006-0068]. A Spanish-language version is also available for use in Puerto Rico.

Alternative Options to Physical Document Examination

In addition to a new Form I-9 , Immigration and Customs Enforcement (ICE) is also expected to announce the use of alternative options for physical document examination for Section 2 completion. The alternative options will only be available to employers who meet specific criteria, such as participating in remaining in “good standing” with E-Verify. Learn more about the alternative options in our recent article here.

Learn how GryphonHR can help you to stay on top of the most current Form I-9 and E-Verify requirements, while helping to ensure accuracy and efficiency with a cloud platform that provides customizable options to help meet the needs of your business. Get in touch with us to learn more or sign-up today !

Preparing Your Team for Form I-9 Inspections and Compliance

Thu, 13 Jul 2023 17:02:22 GMT

Planning For The End Of Virtual I-9 Verifications

Employers continue to encounter numerous difficulties in fulfilling the legal requirements of Form I-9 and E-Verify, particularly in the context of hiring remote employees. Furthermore, concerns persist regarding Form I-9 audits and settlements related to discriminatory practices during the employment eligibility process.

As remote I-9 inspection flexibilities are scheduled to expire on July 31, 2031, employers must ensure they have a plan in place for conducting in-person document reviews. HR and staffing professionals should begin organizing their forms to determine which ones necessitate physical inspections prior to the August 30, 2023, deadline. It is also crucial to establish a plan outlining how and by whom the physical document inspections will be conducted.

Remote I-9 Verifications

According to USCIS guidelines , any individual can complete Section 2 of Form I-9; however, it is important to note that the employer will be held responsible for any errors, regardless of the person completing the I-9. Electronic I-9 system providers often offer various options, such as authorized representatives selected by the employer (e.g., a company employee), authorized representatives chosen by the employee (e.g., a friend or neighbor), or a network of third-party authorized representatives, including a national network of notaries trained in completing the Form I-9 and available to meet the employee at a convenient location.

During the Section 2 verification process, it is essential to ensure that the individual completing the I-9 does not request specific documents or more documents than necessary to establish identification and work authorization. The Department of Justice actively investigates allegations of discrimination related to unfair document practices, and several employers have recently faced civil fines as a result. Learn more about cases of I-9 discrimination in our recent blog .

Employer Considerations

Additional considerations for employers should involve establishing consistent best practices throughout the organization and maintaining a well-documented telework policy. Implementing a system for properly managing and retaining I-9 forms in accordance with Form I-9 storage and retention rules is important. Conducting internal I-9 audits can be beneficial to ensure compliance and identify any areas that require attention or remediation.

Although the availability of virtual I-9 verification flexibilities will soon end, it remains uncertain whether permanent flexibilities for remote/virtual verification will eventually become a more permanent option for employers. However, it is advisable to create and adhere to a plan for conducting in-person document reviews for both on-site and remote hires as part of the onboarding process.

Explore how an electronic I-9 system can assist in meeting Form I-9 compliance requirements, regardless of the hiring location, and learn how GryphonHR can support your Form I-9 and E-Verify needs. Contact us or schedule a demo to see our platform in action!

Staffing Company Fined for I-9 Discrimination Practices

Wed, 14 Jun 2023 17:40:44 GMT

Recent DOJ Settlements for Discrimination During the I-9 Document Review Process

The Department of Justice (DOJ) recently reached a settlement agreement with two organizations that were found to have discriminated against employees during the employment eligibility process.

On June 13, 2023, the DOJ announced a settlement with a Colorado-based staffing company after finding the company discriminated against non-citizens of the U.S. when checking their legal permission to work in the United States.

The department launched an investigation following a complaint from a newly employed non-U.S. citizen. The individual reported that the staffing company demanded a foreign passport as proof of work authorization, despite the employee having already provided adequate documentation. Additionally, the department discovered that the Colorado Springs office had a recurring practice of requesting specific non-U.S. citizens to present their immigration documents, even if they had already submitted other valid forms of documentation. As a result of the investigation, the department concluded that several non-U.S. citizens, including the complainant, had been subjected to this practice.

“While employers must verify every new hire’s permission to work in the United States, they can’t require unnecessary documents or discriminate based on someone’s citizenship status or national origin in the process. The Civil Rights Division will continue to fight to remove discriminatory barriers to employment.” , stated Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.

The Immigrant and Employee Rights Section (IER) of the DOJ is tasked with enforcing the anti-discrimination provision of the Immigration and Nationality Act (INA). One of the key aspects of this provision is its prohibition of discrimination in various employment-related activities such as hiring, firing, recruitment, and referral for a fee, based on citizenship status and national origin. Additionally, the INA addresses unfair practices concerning documentary requirements, as well as retaliation and intimidation.

According to the Immigration and Nationality Act (INA) and Form I-9 and E-Verify policies, employers may not require more documents than necessary to verify identification or work authorization and cannot request specific documentation as part of the employment eligibility process.

Employers should follow the guidelines set forth for proper document practices.

Under the terms of the settlement, the staffing agency will have to pay civil penalties to the United States and will be subject to monitoring by the DOJ for three years. They will also be required to train staff on the INA’s anti-discrimination provision and review and revise their employment policies before the company or any of its subsidiaries can hire employees during the monitoring period.

Pizza Franchise Company Settles with DOJ over I-9 and E-Verify Discrimination

On June 8,2023 the DOJ announced a settlement reached with a pizza franchise company over discriminatory practices during Form I-9 and E-Verify procedures. An investigation was initiated after the former employee filed a complaint with the Employee and Immigration Rights division of DOJ. The Justice Department determined that the franchise company violated the Immigration and Nationality Act by requesting more documents than legally required to prove work authorization from a non-U.S. citizen during the onboarding process.

The former employe filed a complaint after the employer rejected valid acceptable documents to complete the Form I-9 and specifically requested to see a Green Card for its E-Verify inquiry. These actions by the employer violate the INA and are considered discriminatory practices.

Under Federal law employees are allowed to choose which valid, legally acceptable documents to present to prove their identity and permission to work, regardless of citizenship, immigration status or national origin.

Employers should never request specific documents from an employee for the purpose of identification and work authorization verification related to Form I-9 and E-Verify procedures. A copy of the most current version of the Form I-9 Lists of Acceptable Documents should be presented to the employee, and the employee should then choose which of the acceptable documents to present.

Under the settlement agreement the employer is required to pay a civil penalty to the United States. The company is also required to train its human resources staff on the INA’s requirements, revise its employment policies, and be subject to departmental monitoring and reporting requirements.

Avoiding Discrimination Is Imperative

An increasing trend of settlements reached by the Department of Justice for discrimination during the hiring process is expected to continue. Employers should take their onboarding practices seriously, especially when it comes to compliance with new hire legal requirements. The fines reached in the two settlement agreements discussed in this blog are seemingly minimal, however, some companies have received significant fines for violating the INA’s anti-discrimination provision, with hundreds of thousands of dollars in civil monetary penalties assessed by the DOJ. Employers can visit IER's website for more information on how to avoid discrimination during the document review and verification process.

Contact us to learn more about how GryphonHR provides compliance features that will assist you to ensure proper documentation and consistent procedures.

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Will E-Verify Become Mandatory For Your State?

Mon, 12 Jun 2023 19:09:33 GMT

Earlier this year, The White House announced that a proposed Bill: H.R.2, also known as the " Secure the Border Act of 2023 ," which has now been passed by the House, would face a veto from President Biden if it were to reach his desk. This bill would require the construction of the border wall to resume, increase border personnel and technology, and impose additional asylum restrictions on migrants at U.S. borders. Section 801 of the bill also proposes mandatory E-Verify use for U.S. employers.

While the bill may face challenges in gaining substantial support in the Senate, federally mandated E-Verify has been a subject of ongoing debate for a considerable period of time.

E-Verify is currently mandated in 22 states, with Florida as the newest state to pass legislation for mandatory use of E-Verify for employers with 25 or more employees, beginning July 1, 2023.

Although some states require E-Verify for most employers, while others require it for public employers within a county or city ordinance, E-Verify is mandatory in every state for Federal Contractors and their subcontractors with contracts that include the FAR (Federal Acquisition Regulation) clause.

It is crucial for businesses operating across multiple states to ensure they are well-informed about the specific locations where they are obligated to employ the E-Verify system. To determine whether your business needs to utilize E-Verify you can ascertain the applicable requirements by staying informed of the laws of your local, county, or state government.

What is E-Verify and how is it used?

Since 1986, all employers in the United States have been obligated to authenticate the identity and employment authorization of their new workers. The federal government has established two separate systems, namely Form I-9 and E-Verify, for the purpose of verifying the eligibility of recently hired employees. Although both systems serve the common goal of confirming an individual's work authorization, they differ in their procedures and requirements.

Form I-9 holds great significance for employers as it enables them to ensure that their employees are legally permitted to work in the United States. The process involves completing and retaining the I-9 for each new hire. The Form I-9 mandates all U.S. employees to present original and unexpired documents that establish their identity and employment authorization. Employers must examine these documents to ascertain their authenticity and record the relevant information on the Form I-9.

Conversely, E-Verify is a free web-based system for verifying employment eligibility, managed by the U.S. Citizenship and Immigration Services (USCIS). It allows employers to verify the employment eligibility of newly hired employees by comparing the information provided by an employer from an employee's Form I-9 with the records accessible to the U.S. Department of Homeland Security and the Social Security Administration. This comparison helps confirm the employee's eligibility for employment.

H.R.2 and E-Verify Concerns

House GOP leaders agreed to make changes to the border security bill following concerns from congress members over the potential negative impact mandatory E-Verify may have on agriculture and farming industries.

Farming and agriculture groups have issued warnings about the potential consequences of enforcing E-Verify without simultaneously enacting legislation that offers a pathway to legal status for undocumented farmworkers or revising the agricultural visa system. They argue that such a scenario would result in significant labor shortages within the agricultural industry. The Department of Agriculture has reported that over 40 percent of crop farm workers employed are without legal immigration status.

Some of the changes to the bill include a phased approach to E-Verify, providing certain time frames for compliance with new laws to employers based on their size and/or industry.

In summary, Section 801 of the bill, phases in the required usage of E-Verify with the first group of employers required to use E-Verify, nonagricultural employers with 10,000 or more U.S. employees, must do so beginning six months after this title's enactment. Employers with fewer employees are subject to later deadlines. Agricultural employers must start using the system beginning three years after this title's enactment. DHS must grant a one-time extension to this deadline upon request to employers with 50 or fewer employees.

Staying Apprised of E-Verify Updates

This bill may not pass in the Senate or may be eventually vetoed, however, the topic of securing the nation's borders and deterring an illegal workforce is expected to continue to be on the forefront of legislative agendas on both state and federal levels. It’s important that employers stay well informed of any changes. Sign-up for the GryphonHR newsletter and we’ll be sure to keep you apprised on Form I-9 and E-Verify updates.

Though it is uncertain that more U.S. states will adopt laws to mandate E-Verify or if it will one day become mandated on a federal level. Either way employers still need to be sure to complete a Form I-9 for every employee on their payroll, that is something that is mandated on a federal scale, with fines and penalties for non-compliance that show a trend of increasing year over year.

Help Meeting Employment Eligibility Requirements

An electronic Form I-9 compliance solution can help you to meet the federal laws regarding employment eligibility and can help you to meet compliance with E-Verify requirements. GryphonHR provides a seamless E-Verify integration to instantly submit the Form I-9 to E-Verify and enables quick responses and efficient E-Verify case management. Get in touch with us to see how it works or to learn more about how we can help your business with employment eligibility and verification.

The Importance of Form I-9 Purging & Retention

Fri, 02 Jun 2023 16:00:57 GMT

Form I-9 Retention Rules

Employers often neglect to properly dispose of old Forms I-9 that exceed the required retention period, which can result in potential legal noncompliance.

“It isn’t a great idea to keep outdated forms because it is keeping possible liability around. ICE has been limiting their requests, usually, to just the qualifying I-9s. But when something could cost you money in an audit, why keep them? “ stated, Michael P. Nowlan, Clark Hill PLC

According to U.S. Immigration and Citizenship Services (USCIS) I-9s should be kept on file for three years after the date of hire or 1 year after the employee has been terminated, whichever date comes later.

Many employers, knowingly or unknowingly, adopt a lax approach to purging I-9 forms, choosing to retain them beyond the required period and dealing with potential issues during government inspections. However, U.S. Immigration and Customs Enforcement (ICE) typically grants only three business days for employers to produce I-9s and associated documents during an inspection. Consequently, in the rush to respond to such notices, employers may lack the time or resources to remove purgeable I-9s from the documents provided to ICE. As a result, ICE may review and consider the historic I-9s when imposing fines and penalties for paperwork violations. Errors on forms related to terminated employees are challenging, if not impossible, to rectify and can lead to compliance violations that cannot be mitigated during an ICE audit.

Implementing Tools and Compliance Practices

As these forms serve as a record of compliance practices, implementing an effective retention program helps eliminate outdated and potentially problematic practices that could arise in legal disputes. Timely purging of I-9 forms is a crucial risk-mitigation strategy. This is particularly important considering the sensitive personally identifiable information contained in each Form I-9, such as employees' names, Social Security numbers, and addresses. A highly secure electronic I-9 solution can go along way in helping to keep sensitive information safe and compliant with I-9 storage and retention requirements.

The retention period for I-9 forms requires employers to keep them either for one year after termination or for three years after hire, depending on which date is later. Some employers mistakenly interpret this requirement to mean that they can destroy I-9 forms of current employees after a three-year period. However, the retention period for an I-9 only applies once employment has ended. The specific purge date varies based on the employee's tenure with the organization, making it a challenging aspect for employers to determine.

While employers may have third-party HR administrators responsible for maintaining I-9 records, the same retention rules apply. It is crucial for employers to proactively engage with their vendors and I-9 certifiers to ensure compliance with retention policies. Ultimately, the responsibility for complying with I-9 requirements lies with the employer.

How The Right Technology Can Help

Electronic I-9s should be purged using a well-documented and secure data wipe process that prevents data recovery. This process is effective when I-9s are stored electronically in a dedicated application or hosting environment, enabling employers to initiate the purge process securely.

Premature or accidental purging of I-9 forms can have severe consequences, especially when employers receive an NOI from ICE demanding I-9s that no longer exist. In such cases, employers must complete new I-9 forms promptly, potentially facing liability for late-completed verifications. Noncompliant employers who prematurely purge I-9s may be subject to penalties, with average fines reaching approximately $2,300 per I-9, primarily for paperwork violations. Aggravating circumstances or intentional hire violations can lead to even more severe penalties. Nonetheless, adhering to the purge rule allows employers to dispose of I-9 forms that are no longer required, reducing their future liability.

Learn more about the benefits of using a web-based Form I-9 solution to help you stay on top of Form I-9 retention and storage requirements. Make the purging process easier and safer with GryphonHR. Contact us to see how our platform can help you maintain your Form I-9 compliance.

Florida Will Soon Require E-Verify Starting July 1, 2023

Wed, 24 May 2023 14:10:48 GMT

Florida Employers Need to Get Ready to Meet New E-Verify Law Requirements

E-Verify may very well be on its way to becoming mandatory for both private and public employers in Florida. Senate Bill (SB) 1718 recently enrolled by the Florida legislature is expected to be signed in to law by Governor Ron DeSantis. The bill will require Florida employers with twenty-five or more employees to use the E-Verify system to check employment eligibility for each employee on its payroll beginning July 1, 2023.

What is E-Verify?

E-Verify is an online system that compares information provided in Form I-9, Employment Eligibility Verification, with records held by the U.S. Department of Homeland Security and the Social Security Administration. Its purpose is to ensure that individuals hired have the necessary authorization to work in the United States.

Federal E-Verify regulations already mandate that all employers verify the identity and employment authorization documents of their employees by completing and retaining Form I-9 prior to initiating a case in the E-Verify system.

The requirement to use E-Verify applies only to new hires starting from July 1, 2023. Employers are not obligated to use E-Verify for employees hired before that date. Additionally, the law does not cover independent contractors.

How Does the Bill Impact Florida Employers?

If the Florida Department of Economic Opportunity (DEO) determines that an employer has neglected to utilize the E-Verify system as mandated, the department will inform the employer regarding the noncompliance. The employer will then be granted a 30-day period to rectify the noncompliance. If the DEO finds that an employer has failed to use the E-Verify system on three occasions within a 24-month period, it has the authority to levy a fine of $1,000 per day until the employer provides satisfactory evidence of rectifying the noncompliance.

Employers who are obligated to utilize the E-Verify system will also need to confirm their compliance with the system's requirement on their initial tax filing every calendar year through the state's tax service provider. Additionally, employers must retain a copy of the E-Verify documentation for newly hired employees for a minimum of three years.

In cases where an employer is unable to verify a newly hired employee due to the unavailability of the E-Verify system for more than three business days after the employee starts working, the employer will need to take certain steps. Firstly, they must use the Employment Eligibility Verification form (Form I-9) to confirm the employee's eligibility for employment. Secondly, they must retain a screenshot or other evidence that proves the unavailability of the system for each day they were unable to access it.

Furthermore, according to the new law, the Florida DEO has the authority to impose penalties on individuals who knowingly engage in the employment, hiring, recruitment, or referral of unauthorized individuals for private or public employment. The DEO is empowered to levy civil penalties, which may include the repayment of any economic development incentives, placing the employer on probation for one year, and requiring quarterly compliance reports to be submitted to the department. If a violation occurs within 24 months of a previous violation, the department is authorized to revoke or suspend all licenses issued by a licensing agency.

For subsequent violations involving:

1 to 10 unauthorized workers: The respective licensing agencies may suspend all applicable licenses held by the private employer for a period of up to 30 days.
11 to 50 unauthorized workers: The agencies that issued the licenses may suspend all applicable licenses held by the private employer for a period of up to 60 days.
More than 50 unauthorized workers: The respective agencies that issued the licenses are entitled to revoke all applicable licenses held by the private employer.

Preparing for the new E-Verify Requirement

Employers should start preparing to comply with the new E-Verify requirement. GryphonHR can help to ensure compliance with both Form I-9 and E-Verify requirements with our web-based solution that helps to increase compliance with Form I-9 requirements and streamline the E-Verify process. Our solution instantly submits I-9s to E-Verify and helps you to easily manage E-Verify cases and resolve issues and TNC’s with greater efficiency. Contact us to learn more about how we can help you to get ready for the new E-Verify requirement.

Form I-9 Updates and Proposed Changes

Mon, 08 May 2023 14:49:39 GMT

What Changes Will Be Coming To Form I-9?

Since the onset of the Covid-19 pandemic many employers have adopted telework policies, enabling their employees to work remotely in order to provide protections against the spread of the virus. According to Upwork, 22% of the American workforce will be remote by 2025. As the rise in remote work has continued to increase over the last few years, with no signs of slowing down, U.S. government agencies have provided temporary policies to help organizations reduce the burdens of meeting their legal employment obligations and remain in compliance.

Regarding compliance with Form I-9, The Department of Homeland Security (DHS) rolled out temporary policies allowing employers, operating remotely, to virtually review work authorization and identification documents, with some exceptions.

The temporary policies for remote I-9 flexibilities have been extended several times with some changes along the way. In July 2022, DHS invited public comments by employers to review proposed rule changes that would allow for alternative options for reviewing the employment authorization and identification documents for some or all employers.

The current temporary policies for remote I-9 flexibilities for document verification is currently scheduled to expire on July 31, 2023. These flexibilities will not be extended again and employers will have 30 days following the July 31, 2023 expiration date to comply with the in-person requirements for Section 2 verification. Read our recent blog to learn more about the upcoming August 30 deadline and be sure you’re prepared to meet the I-9 compliance requirements.

Will a new version of Form I-9 be introduced?

A new version of the Form I-9 may be released sometime this year or next. Changes that are being considered include:

Consolidating Section 1 and Section 2 onto one page
Section 3 may be moved to a separate Reverification and Rehire Supplement Form, to be completed only if/when necessary
Adding a link to List C documents on the Lists of Acceptable Documents
Updates to simpler Form I-9 instructions including links to the M-274 Handbook for Employers
Removal of PDF restrictions so the Form I-9 can be completed on all electronic devices

Changes to language regarding anti-discrimination practices may also be updated with greater clarity and specification to read:

“All employees can choose which acceptable documentation to present for Form I-9. Employers cannot ask employees for documentation to verify information in Section 1, or specify which acceptable documentation employees must present for Section 2 or the Supplement. Treating employees differently based on their citizenship, immigration status, or national origin may be illegal.”

Employers should be concerned about every aspect of compliance with Form I-9 requirements, which includes how work authorization and identification documents are requested and reviewed. Administrative mistakes on the Form I-9 can lead to fines and penalties because of errors. Employers should be equally concerned about how work authorization and identification documents are requested to help avoid violating anti-discrimination laws.

Ensuring consistent processes can help employers avoid discrimination during the I-9 process. Read our recent blog: DOJ Settlements and I-9 Violations to learn more about this topic.

Discover how GryphonHR can help you to stay up-to-date with Form I-9 and E-Verify compliance. Get in touch with us or stay tuned for more news and updates.

Remote Form I-9 Flexibilities Set to Expire Soon

Thu, 04 May 2023 14:54:56 GMT

On May 4, 2023, The Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) announced that employers will have 30 days to reach compliance with Form I-9 requirements once the temporary flexibilities for remote I-9 verification expire on July 31, 2023.

The Temporary Remote I-9 Flexibilities Are Coming to An End This Summer

The temporary flexibilities introduced during the onset of the COVID-19 pandemic in March 2020 which allowed employers to defer the inspection and verification of work authorization and identification documents virtually (e.g., over video link, fax, or email), is coming to an end on July 31, 2023.

Employers will have 30 days to meet the in-person verification requirements for those individuals hired on or after March 20, 2020, and who have completed a virtual or remote examination of documents under the flexibilities.

Once the employees’ documents are physically examined, you should add “documents physically examined” with the date of examination to the Section 2 Additional Information field on the Form I-9, or in Section 3, as applicable. Employers should start preparing now in order to meet the ICE guidance for compliance with Form I-9 laws by August 30, 2023.

Form I-9 Representatives To Help Complete Section 2 Verification

Employers can designate an authorized agent or representative to act on their behalf during the document inspection process, however the compliance requirements regarding the Form I-9 are solely the responsibility of the employer and the employer will be held liable for any errors on the form. This is where utilizing authorized agents/representatives trained on completing the Form I-9 can help, in addition to ensuring proper training and best practices are in place for internal staff.

The deadline to physically meet with employees may seem burdensome, however an electronic I-9 solution can help to make things easier and reduce I-9 verification times. GryphonHR provides access to Section 2 verification options to help employers manage Form I-9 compliance and meet the physical document review requirements. Contact us to learn how our solutions and convenient authorized I-9 representative options can help.

DOJ Settlements and I-9 Violations

Sun, 30 Apr 2023 15:02:07 GMT

The Costly Consequences of Discrimination and Form I-9

The Form I-9 is an essential document used to verify the identity and employment eligibility of individuals hired for employment in the United States. Recent settlements between the Department of Justice (DOJ) and employers demonstrate the costly consequences of non-compliance with Form I-9 requirements, including discrimination. Employers who fail to properly complete and maintain Form I-9 for their employees’ risk significant financial penalties, as well as potential liability for discrimination. In this blog post, we will explore the growing trend of DOJ settlements with employers for violations of Form I-9 requirements and the consequences of discrimination during the I-9 process.

Compliance with the Immigration and Nationality Act and Form I-9

Although, administrative compliance procedures to properly complete, store, and retain Form I-9 and related documents should remain a top priority for HR and staffing professionals, paying heed to anti-discrimination practices during the hiring process should also be considered.

For example, requiring specific documents to verify identity and work authorization from only certain employees can be considered discriminatory; this includes documents such as passports or driver’s licenses. In addition, examining documents too closely and failing to use good faith efforts when reviewing a potential employee’s form can also give rise to discriminatory claims.

Under The Immigration and Nationality Act (INA) employers cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process, unless required or allowed by law.

Settlements between U.S. employers and the DOJ regarding INA violations this year include:

1. April 2023, In a settlement reached with a Boise, Idaho manufacturer, the DOJ determined that the employer unlawfully preferred a temporary visa worker for the position, failing to meaningfully consider the U.S. citizen’s qualifications. Under the settlement, the manufacturer is ordered to pay a civil penalty to the United States and offer back pay totaling $85,000 to the affected worker. Additionally, the company will train its staff on the INA’s anti-discrimination provision, change its policies and procedures and be subject to departmental monitoring for a two-year period.

2. April 2023, The DOJ determined that one of the “Big Three” automotive manufacturers unnecessarily required lawful permanent residents to provide an unexpired foreign passport as a condition of employment, imposing a discriminatory barrier on them in the hiring process. Under the terms of the agreement, the auto maker will pay $365,000 in civil penalties to the United States. The agreement also requires the employer to train personnel on the INA’s requirements, revise its employment policies and be subject to departmental monitoring and reporting requirements.

3. April 2023, The DOJ’s investigation of a restaurant franchise in Florida began when a worker, a non-U.S. citizen, complained that the franchise refused to accept her valid documentation proving her permission to work and demanded additional documentation. Although she had permission to work in the United States, she was not able to obtain one of the documents that the employer required because of her citizenship status. Employers must allow workers to present whatever acceptable documentation the workers choose and cannot reject valid documentation that reasonably appears to be genuine. The settlement requires the franchise to pay a civil penalty to the United States, provide backpay to the worker who filed the compliant, train staff on the INA’s anti-discrimination provision and be subject to departmental monitoring for a period of three years.

4. January 2023, A Minnesota based staffing firm was ordered to pay a civil penalty of $250,000 to the United States, and $100,000 for a back pay fund to compensate victims of the staffing company’s alleged discriminatory practices. The DOJ investigation determined that the staffing firm routinely required specific documents from newly-hired non-U.S. citizens to prove their permission to work in the United States.

In a recent press release the Justice Departments Assistant Attorney General, Kristen Clarke, stated, “When employees present legally acceptable documentation to demonstrate their permission to work, employers cannot demand different or additional documents because of the employees’ citizenship or immigration status.” The Justice Department will continue the important work of ensuring that workers do not face unlawful barriers to employment.”

The DOJ settled with several employers in recent months and years. The trend of investigations conducted by the Immigration and Employee Rights (IER) section of the DOJ, shows no signs of slowing down. Employers should be sure to make every aspect of compliance with employment eligibility and verification a top priority.

Avoiding Discriminatory Practices During the Form I-9 and Hiring Process

Providing appropriate training for staff on proper Form I-9 completion techniques can help prevent any unfortunate discrimination allegations from occurring. To ensure compliance with Form I-9 requirements it is essential for employers to keep up with federal guidance from agencies like the DOJ and The Department of Homeland Security (DHS) as well as other state laws or regulations governing E-Verify. By doing so, organizations can help to protect themselves from costly fines associated with improper employee verification procedures.

As mentioned in IER’s guidance : “Employees do not need to prove their citizenship status to employers when they complete the Form I-9. Asking an employee for proof of citizenship or immigration status could violate the law at 8 U.S.C. § 1324b(a)(6). For example, asking an employee who marks “U.S. citizen” to present a naturalization certificate or U.S. passport, or asking a lawful permanent resident (LPR) to present a Permanent Resident Card (PRC) could be unlawful discrimination under this part of the law.”

Furthermore, it is important for HR and staffing professionals to keep their hiring processes uniform and consistent. An electronic I-9 platform can help employers to ensure that documents are properly verified to help avoid discrimination. Contact us to learn more about how GryphonHR can help to ensure compliance requirements are met throughout the entire Form I-9 and E-Verify process.

HireRight and GryphonHR Announce Strategic Partnership

Wed, 08 Mar 2023 15:56:57 GMT

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HireRight customers to more easily meet compliance requirements using GryphonHR’s unique Form I-9 and E-Verify compliance solutions

Nashville, Tenn. and Clarkston, MI, – March 8, 2023 – HireRight (NYSE: HRT), a leading provider of global background screening services and workforce solutions, and GryphonHR, a Form I-9 and E-Verify compliance solutions provider, today announced a new partnership that will provide HireRight’s customers with access to GryphonHR’s I-9 technology and program management solutions.

Through this partnership, HireRight customers who utilize its Form I-9 services, including E-Verify, can benefit from GryphonHR’s interactive I-9 program dashboards, self-service reporting, customized workflows, auditing capabilities, and real-time platform updates to help meet compliance requirements.

“We are always looking for ways to bolster our services to offer our customers innovative background screening solutions,” said Guy Abramo, President & CEO of HireRight. “We are proud to partner with GryphonHR to strengthen our I-9 offering, providing our customers with the latest technology and tools to more effectively manage their Form I-9 and E-Verify workflows.”

“We are thrilled to provide our Form I-9 and E-Verify technology platform to HireRight’s customers,” said Marc Villella, President of GryphonHR, “Integrating our Form I-9 platform with HireRight’s screening services will provide their customers with a streamlined candidate experience that will be a differentiator in the market.”

GryphonHR was founded by seasoned HR Compliance executives to provide a centralized and secure platform to help employers incorporate compliance into the hiring process for the entire lifecycle of their employees and contractors.

About HireRight

HireRight is a leading global provider of technology-driven workforce risk management and compliance solutions. We provide comprehensive background screening, verification, identification, monitoring, and drug and health screening services for approximately 38,000 customers across the globe. We offer our services via a unified global software and data platform that tightly integrates into our customers’ human capital management systems enabling highly effective and efficient workflows for workforce hiring, onboarding, and monitoring. In 2022, we screened over 24 million job applicants, employees and contractors for our customers and processed over 107 million screens. For more information, visit www.HireRight.com or contact InvestorRelations@HireRight.com .

About GryphonHR

GryphonHR is a robust human resources platform designed to simplify and streamline compliance. GryphonHR helps organizations to manage their onboarding and HR compliance tasks from a single platform. To learn more about GryphonHR and the Form I-9 & E-Verify module, contact Gryphonhr .