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Why would I use Employer Compliance Solutions I-9 instead of a paper-based I-9 form or E-Verify program?
E-Verify and I-9 forms are two separate issues. The government's E-Verify program only cross checks social security numbers with the Social Security Administration Department of Homeland Security databases to ensure employment eligibility. It does not protect you from costly government audit procedures for your Form I-9, it does not validate your form information, and it can take months to integrate into your HR hiring procedures. Also, if you choose to use the government E-Verify system directly, you still have a paper form to retain or scan. If you choose to scan and store your own forms, strict security rules apply as authorized in the Department of Homeland Security regulations at 8 CFR 274a.2.
Medium to large size companies who are audited on their I-9 forms must be aware that the government may not accept paper forms. If this occurs, you have 72 hours to scan every form into a digital format, name every file, and present to the auditors. ECSI9 makes this request effortless. Additional reasons why you should use a system like ECSI9 to manage your I-9 forms may be found within this document.
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Why would I use a Designated Agent like ECSI9 rather than E-Verify directly?
Most Designated Agents use proprietary software which contains built-in protections for managing I-9 forms and E-Verify. E-Verify alone is just a bare bones verification system. ECSI9 not only allows you to E-Verify, but helps to keep you I-9 complaint by including the following protections and services:
- Management of new, existing and missing I-9 forms which many be processed electronically or paper-based and stored digitally for centralized review. With digital storage of I-9 forms and any supporting documents in a central location, it is easy to retrieve any documents you may need with no additional fees.
- Dedicated customer service to help you with your questions and training needs.
What is the benefit of using electronic Form I-9s over paper Form I-9s?
Not only do electronic Form I-9s support the new paperless way of business, they help to reduce HR staff workload - especially when using a system like ECSI9. Also, in the case of an audit, the government may not accept paper forms for medium to large size companies. You would have 72 hours to scan every form into a digital format, name every file, and present to the auditors.
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What are the chances we would be targeted for a Form I-9 audit?
It's not just the big guys who are targeted for audits. The truth is, ICE has significantly increased its reach and has asked Congress for $1.9 billion to increase the scope of investigations of the enforcement arm, or in other words, increase audits. The number of individuals arrested on administrative immigration violations in worksite enforcement cases has grown from 485 in 2002 under the old Immigration and Nationalizations Services (INS) department to 3,667 during 2006 under the new Immigration and Customs Enforcement (ICE) department. Now with the Obama administration, the Department of Labor (DOL) has seen increases in funding. Because of these increases, it is believed that DOL audits of all kinds, including I-9 audits, will increase.
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The first offense for hiring or continuing to employ unauthorized aliens is not less than $375 and not more than $3,200 per unauthorized alien. Second offense is not less than $3,200 and not more than $6,500 for each. Subsequent offenses are not less than $4,300 and not more than $11,000 for each.
If you fail to properly complete, retain and/or make available for inspection Forms I-9 as required by law, you may face civil money penalties in an amount of not less than $110 and not more than $1,100 for each violation.
Persons or entity who are convicted of engaging in a pattern or practice of knowingly hiring unauthorized aliens may face fines of up to $3,000 per employee and up to six months imprisonment.
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Does participation in E-Verify provide SafeHarbor from worksite enforcement?
An employer who uses E-Verify to verify work authorization establishes a rebuttable presumption that it has not knowingly hired an unauthorized worker. E-Verify is not a guarantee of Safe Harbor nor a Safe Harbor from worksite enforcement; however, companies who use E-Verify are looked upon in a more favored light, as they are trying to do the most possible to ensure they are hiring eligible employees.
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How long does an I-9 form need to be kept on file?
The I-9 form needs to be kept for as long as the person is employed. After employment ends, the I-9 must be kept for at least one year after termination OR three years after hired, whichever is longer. For example, if a person works at your company for 10 years, the I-9 form will need to be kept while (s)he is employed plus one year; in this case 11 years. If a person started today and quit 2 months later, the I-9 form would have to be kept for three years from the date of hire.
Unlike manual tedious tracking, the ECSI9 system keeps track of hire and termination dates and automatically purges any I-9 forms when needed, eliminating exposure of expired forms to protect you in the case of an audit. The ECSI9 system allows an integrated approach for medium sized to larger companies, which will eliminate the need for employees to manually insert termination dates into our system.
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If you begin using E-Verify, do you have to convert all your previous I-9s?
Currently E-Verify is only for new employees. An option to verify all employees within the company is available for federal contractors.
ECSI9's system allows you to store all your Form I-9s in one system, even existing employees who you may not E-Verify. The existing employee information is easily uploaded into our ECSI9 system. These forms will not process through E-Verify, but will allow you easy access in their electronic format from any location. This will allow for form tracking and system reminders of any expiring work authorizations.
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If a company is NOT a federal contractor, what is the greatest advantage of using E-Verify?
E-Verify is currently the best means available for employers to electronically verify the employment eligibility of their newly hired employees. The program virtually eliminates Social Security mismatch letters, improves the accuracy of wage and tax reporting, protects jobs for authorized workers and helps you to maintain a legal workforce. Also, some state agencies look favorably upon contractors who E-Verify and may help win the bid process. And although E-Verify does not guarantee Safe Harbor, an employer who uses E-Verify to verify work authorization establishes a rebuttable presumption that it has not knowingly hired an unauthorized worker.
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Do existing employees assigned to a federal contract need to be E-Verified?
Once the regulation takes effect, federal contractors who are required to E-Verify (stated or amended in the contract) must E-Verify all employees working on the federal contract, including existing employees working on the federal contract only. An option to verify all employees within the company will be available for federal contractors once the mandate takes effect. If the option to verify all employees is chosen, the company must E-Verify everyone within 180 days of notification by the DHS.
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How do we sign up for ECSI9 and E-Verify?
Please call 239.444.6092 to speak with one of our I-9 consultants or Click Here to request a demonstration of our system. Let us help you be I-9 complaint.
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