I-9 Verification and E-Verify
Justifacts has developed a paperless, electronic I-9 system that creates and stores the Form I-9. As an Employer Agent for E-verify, Justifacts processes E-Verify requests for registered employers. When used in conjunction with each other, the electronic I-9 system and E-Verify agent access allows employers a fast, accurate method for verifying the work eligibility of all newly hired employees.
Legal HistoryThe Immigration Reform and Control Act of 1986 (IRCA) made it illegal for employers to knowingly hire immigrants who were unauthorized to work in the United States. IRCA established an employment verification process—the Form I-9 process—that requires employers to review documents presented by new employees to establish their identity and employment eligibility. Employers are required to certify that they have reviewed the documents presented by their employees and that the documents reasonably appear genuine and relate to the individual presenting them. IRCA provides penalties or sanctions against employers that knowingly violate the law. Immigration and Customs Enforcement (ICE) is responsible for enforcing IRCA’s employer sanctions provisions. IRCA also prohibits employers from discriminating against employees based on their citizenship or immigration status or national origin.
E-VerifyTo enhance efforts to verify employment eligibility, an electronic employment authorization system now known as E-Verify was created in 1997 by the former U.S. Immigration and Naturalization Service as the result of statutory direction. E-Verify is an Internet-based system operated by the Verification Division of U.S. Citizenship and Immigration Services (USCIS), a component within the Department of Homeland Security (DHS), in conjunction with the Social Security Administration (SSA).
Justifacts is a registered “Employer Agent” and is authorized to process all E-Verify requests for an employer, either as a stand-alone service or in combination with our electronic I-9 process. Employers participating in E-Verify are required to have information from the employee’s Form I-9 submitted to E-Verify, which is a secure, USCIS-run Web-based interface. E-Verify then routes the information to the appropriate data sources to determine employment eligibility.
Justifacts has automated this process by designing a direct integration with the E-Verify system, which provides a seamless transfer of information from an electronic I-9 to the E-verify system. This process improves both speed and accuracy, which lessens the likelihood of receiving a Tentative Non-Confirmation (TNC) result from E-Verify.
Electronic I-9 SystemOn August 23, 2010, U.S. Immigration and Customs Enforcement’s Electronic Signature and Storage of Form 1-9, Employment Eligibility Verification Final Rule (Rule) went into effect. In summary, the Rule amended regulations to allow employers to complete and store electronically generated Form I-9’s. In response to this new rule, Justifacts has implemented a proprietary system for creating, managing and storing electronic I-9 forms. This system is used to create the I-9 for a new employee and includes a variety of aids to minimize errors, including alerts and notices for expiring documents and seamless integration with the E-Verify process.
Electronic Form I-9 Benefits
- Paperless Form I-9 Verifications – reduces paperwork.
- Safe and Secure Documentation Storage – eliminates the threat of I-9 theft.
- Error Prevention Process – curtails Form I-9 mistakes during the completion process.
- Remote Employee Accessibility – both local and remote employees can complete error-preventative I-9 sections from any location.
- Paper I-9 Information Migration Procedure – reduces the misinterpretation of data by handwriting recognition software.
- Alerts and Notifications – provided for all pending and complete I-9′s, as well as for those that no longer need storage based on USCIS requirements.
For more information about the E-Verify program visit the USCIS website or read the USCIS Form I-9 Handbook for Employers.