Q. We use an electronic I-9 software system that was developed in-house. How can we ensure it complies with federal law?
A. Employers that are considering adopting an electronic I-9 system (or already use one) should confirm that the system conforms to certain performance standards. For example, systems must retain an electronic audit trail relating to creation, completion, updating, modification, alteration or correction to any I-9.
Failure of systems to conform to regulatory requirements can be costly.
For example, U.S. Immigration and Customs Enforcement (ICE) secured a $1 million fine settlement with a major, national retailer last September after an I-9 audit of company stores led to the discovery of several technology-related deficiencies in the company’s electronic I-9 verification system.
The Federal Trade Commission is also cracking down on electronic I-9 software vendors, after discovering that faulty systems can inadvertently expose employees to identity theft.
Consult with your attorney and a reputable software analyst with experience on I-9 systems to assess whether your program meets the regulatory standards.