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ELECTRONIC I-9 OVERVIEW
Form
I-9
Since 1987, employers have been required to verify the
employment eligibility of every employee working in the United
States, including U.S. citizens. To comply with this requirement,
employers must ensure that all employees complete the DHS Form I-9
and maintain all I-9 records on file for government
inspection.
The I-9 form appears simple, but the processes and issues are
complex. Without effective assistance in maintaining the balance
between employing a legal workforce and avoiding discrimination,
employers are vulnerable to fines, lawsuits and other serious
penalties. Compliance is particularly challenging for companies
with multiple worksites, diverse workforces and temporary foreign
employees. Employers are responsible for problems resulting from
changes in law as well as the varied knowledge and judgment of
employees responsible for completing the forms and reviewing
documents for genuineness and relationship to the new hire who has
presented them.
Reduce Your I-9 Liability with Failsafe I-9
Forms
TABB INC's unique process enables accurate online creation of
failsafe I-9 forms. The system is far more than a web-based form
filler. Our web-based system guides the employer representative
quickly and easily through the familiar I-9 form. Error Rules,
Alerts and Tips associated with specific fields provide thorough
guidelines for the completion of the form, answering questions when
needed and allowing for timely error resolution during completion
of the form. I-9 forms cannot be signed until all curable errors
are eliminated, including omission errors, logic errors,
correlation errors, and formatting errors. All outstanding errors
are compiled into reports so that management is aware of the status
of a non-compliant I-9 form.
The system captures and stores electronic signatures, resulting
in a completely paperless Form I-9 process. The system can
auto-populate Section 1, and parts of Section 2 of the electronic
I-9. Employers can verify names and Social Security numbers through
the Department of Homeland Security's E-Verify program and check
the Office of Foreign Assets Control (OFAC) "Terrorist List". The
I-9 & E-Verify Solution solves problems that compliance-minded
employers have experienced since the initial implementation of the
government's employment eligibility verification rules in
1987.
Compliance
Eliminates
errors and omissions as each Form I-9 is
completed.
Provides tips and alerts to flag exceptions and eliminate
confusion while the I-9 form is
prepared.
Prevents fraud and typing errors and prohibits creation of a
Form I-9 with duplicate SSNs or Admission and Alien numbers within
an organization.
"Legal Notice" screen alerts employer representatives to
breaking developments that affect completion of the Form
I-9.
Compares Form I-9 information with the Department of Treasury
OFAC list of aliens "blocked" from U.S.
employment.
Compares Form I-9 Section 1 information with the SSA and/or
Department of Homeland Security's E-Verify
Program.
Utilizes the expertise and experience of noted Form I-9
authorities whose knowledge is built into the
software.
Reinforces employer's good faith compliance in the event of an
official
audit.
All documents with future expiration dates that must be updated
trigger email notifications in advance with standard emails being
delivered, 180, 90, 60, 30 and 0 days before they
expired.
Standard letters can be generated to inform employees of
upcoming expiration
dates.
Provides a tool for audits of existing I-9
forms.
Efficiency
Captures electronic signatures ("click to accept", PIN, keypad
signatures).
Retains Form I-9 records electronically at centralized
location, with full
compliance.
Eliminates the need for ongoing
audits.
Provides built-in tutorial for "learning while
doing".
Sample documents assist with work eligibility verification and
provide assistance in preventing document
fraud.
Reduces reliance on site staff for compliance with complex
rules.
Provides online reference materials to support determinations
of identity and work
authorization.
Provides backup for paper Form I-9 records that are lost or
destroyed.
Existing Form I-9s and supporting documentation can be scanned
and attached to electronic system, and paper Form I-9s can then be
destroyed.
Web-based access is available around the clock,
anywhere.
Oversight
Central access to all Form I-9 records completed at all hiring
locations.
Reduces company risk by tracking Form I-9 compliance and
consistency entity-wide to identify trouble spots for training and
use of reference
materials.
Automatic e-mails repeatedly notify staff of required
actions.
Tracks Form I-9 retention requirements to eliminate Form I-9
risk over
time.
Accommodates changes in law as soon as they are
effective.
Provides standardized reporting and the flexibility to generate
unique reports from Form I-9 data, functionality that typically is
not available from other
sources.
Data for existing employees' (Historical) I-9 forms can be
audited to determine Form I-9
risk.
Ability to measure risks prior to merger and acquisition
commitment.
I-9 Solution
Software
Existing I-9 Form Audits:
The I-9 and E-Verification Solution provides for easy migration of
existing or historical I-9 forms to electronic I-9s or audits.
Lookout can assist you with the conversion, including data entry,
scanning of forms or
both.
Audit Historical I-9
Forms: I-9 forms can be
audited, corrected and stored electronically by keying them in and
using the reporting functions of the application to evaluate the
corporate risk posed by the I-9s of existing employees and former
employees for which the company is still liable. I-9 forms can be
corrected and then scanned
electronically.
Existing I-9 Conversion:
Employers can convert to wholly electronic completion and storage
of I-9 forms, continue to complete I-9 forms on paper, or convert
to some combination of both. Whether totally electronic or not, the
I-9 and E-Verify Solution software can import data from, and export
data to, other enterprise applications in order to maintain I-9s
and support corporate HR and Payroll
applications.
Extensive Reporting:
The reporting system tracks document expiration dates and
pro-actively issues email alerts to the responsible staff members
to ensure follow-up actions. Document expiration warning letters
are sent automatically to
employees for their action. The standard notices are sent 180, 120,
90, 60, 30 and 0 days before the documents expire. Other email
notification options are available to ensure timely compliance with
re-verification requirements. These letters are available in both
in English and Spanish.
Pattern and Practice
Errors: The I-9 &
E-Verify Solution notes and tracks all incurable errors, such as
missing the 3-day deadline for completing I-9 Section 2. The system
provides standard reports, according to the company's hierarchical
organizational structure, which list all errors that could result
in fines. Access to this reporting system is controlled by a
security or clearance structure that is in alignment with the
company's organizational security structure. All authorized Form
I-9 oversight personnel can log into the application and view I-9
forms as soon as they are saved to the system from any
location.
Clearance Levels: The reporting system
allows the appropriate level of access based on job responsibly
throughout the organization. Everyone involved in oversight can
view the same document at the same time. When talking to the
company attorney, both the employer representative and the attorney
can view a document from different locations, via the web,
providing easier and faster problem
resolution.
OFAC Checks:
The software automatically and seamlessly interfaces with Office of
Foreign Assets Control (OFAC) Blocked Persons List. The system
compares the new hire information against the names of individuals
not permitted to work for U.S. employers. The I-9 Solution will
provide screening for Specially Designated Nationals and Blocked
Persons who are not allowed to be employed by U.S. companies,
pursuant to Executive Order 13224. President Bush signed Executive
Order 13224 on September 23, 2001.
Corporate-Wide Management
: Now, management can easily have corporate-wide visibility and
control of the Form I-9 process. P
rior to having this technology, corporate managers published
policies and instructions regarding the manual creation and
maintenance of paper I-9 forms, and they provided these policies
and instructions for use at remote company locations. However, they
were unable to directly enforce these policies consistently
throughout the organization without the significant cost of audits
by highly paid specialists. Now, through centralized reporting and
management visibility, senior management can ensure success
throughout the organization with a capability that quickly
pin-points areas that need attention, drastically reducing the
time, effort and expense required to ensure
compliance.
Self Training:
The system self-trains employer representatives to complete the I-9
form correctly, while learning at the same time, and reducing the
time for completion. No additional Form I-9 compliance training is
needed. The system's tips, alerts, and instant audit capabilities
educate employer representatives as they complete the form. Answers
to questions are immediately available when they are needed. Errors
on the form are listed, with a clear description of how to fix
them.
Cost Savings:
The system eliminates much of the time and resources needed for
compliance. There is no need for using multiple layers of company
personnel or outside consultants to ensure I-9 compliance. The
system provides batch auditing capability for ensuring compliance
risk during mergers and acquisitions, or for imposed ICE Audits.
Batch processes for handling Section imports, matching,
terminations and transfers provide additional
efficiency.
Disaster Recovery Plan
: With centralized electronic storage and hierarchal branch
identification, lost I-9 forms always available and can be simply
reprinted.
Paperless Solution
: Our system delivers a Paperless Solution with Electronic
Signature so that employers can now sign and store the I-9 form
electronically. The I-9 & E-Verify Solution is consistent with
USCIS guidelines regarding electronic signature and storage. We
offer several ways to capture and store electronic signatures and
forms, including a "Click to Accept" dialog box, personal
identification numbers, or an electronic signature
pad.
The E-Verify
Program
The Benefits
E-Verify
(formerly Basic Pilot) involves verification checks of the SSA and
DHS databases, using an automated
system to verify the employment authorization of all newly hired
employees. A company that chooses to participate in this program,
while not guaranteed safe harbor, is able to demonstrate a good
faith effort to comply with the
law.
Our software automatically and seamlessly
interfaces with the E-Verify to verify that there is a match
between a person's SSN and name, that the person's citizenship
status is correct, and he or she is eligible for work.
The response for verification is almost
immediate. Internally to the company, our solution checks for
duplicate SSNs and duplicate Alien/ Admission numbers, features not
addressed by the E-Verify program
alone.
How It
Works
The SSA database includes
information about everyone who has been issued a Social Security
Card. Having a Social Security Card does not automatically mean
that the card holder is eligible to work; some cards state that the
holder is not authorized to work or that the holder is eligible to
work with valid INS or DHS documents. The entire verification
process can take several weeks to complete. While an employer can
be sure that the name and identifying numbers belong together,
E-Verify cannot ensure that the documents presented by the new hire
actually belong to that person. Employers must continue to be
vigilant when they physically view the original documents that
these documents appear to be authentic.
E-Verify takes information from the I-9 form and compares it to
government records held by the Social Security Administration (SSA)
and by the
DHS.
TABB INC. Is a Designated
Agent for E-Verify
Employers may designate an agent for
participation in E-Verify. Employers who use the The I-9 &
E-Verification Solution as their interface to E-Verify will be
ensuring that they remain compliant with all rules of the program
and will spend less of their valuable time needlessly re-entering
employee information. Along with ensuring compliance with important
E-Verify requirements, customers will significantly speed up the
employment verification process by eliminating the need to re-enter
employee information, since the I-9 Solution software application
uses employee data from the employee's already completed I-9 form
when verifying the employee's eligibility using
E-Verify.
Social Security Numerical
Verification Services
(SSNVS)
Safe Harbor and SSA
No-Match Letters
TABB INC. provides multiple options to
validate Social Security Numbers. The
I-9 & E-Verification Solution automatically and seamlessly
interfaces with SSNVS in order to help prevent and handle
"No-Match" letters from the SSA (Social Security
Administration).
In the final "No-Match" regulation, issued
August 2007, DHS outlined a safe harbor for employers who take
"reasonable steps," within 30 days of receipt of a "No-Match"
letter to attempt to resolve the discrepancy. The employer has 90-93 days, starting the day that the
letter is received, to take steps under which it can be secured
from fines or other liabilities. Such steps may
include:
Checking records within 30 days after
receiving a no-match letter to determine whether the discrepancy
results from a typographical, transcribing, or similar clerical
error in the employer's records or in its communication to the SSA
or DHS. If there is such an error, the employer would correct its
records, inform the relevant agencies, and verify that the name and
number, as corrected, match agency records--in other words, verify
with the relevant agency that the discrepancy has been
resolved--and make a record of the manner, date, and time of the
verification.
If such actions fail to resolve the discrepancy, the reasonable
employer would promptly request the employee to confirm that the
employer's records are correct. If they are incorrect, the employer
would take the actions needed to correct them, inform the relevant
agencies, and verify the corrected records with the relevant
agency.
If the employee maintains that the records are correct, the
employer must ask the employee to pursue the matter personally with
the relevant agency; this resolution must be accomplished within 90
days of the employer's receipt of the letter. The employer must
provide the employee with the exact date on which the letter was
received. The regulation provides that a discrepancy will be
considered resolved only if the employer verifies such with SSA or
DHS.
If the discrepancy is not resolved at this point, the employer
must advise the employee to re-verify his or her identity and work
authorization on a new Form I-9 within three days after the ninety
day period has expired. The employer may not accept any document,
or a receipt for an application to replace a document(s),
referenced in the no-match letter for this
re-verification.
In addition, the employer must request that the employee
present a document containing a photograph of the employee in order
to establish work authorization and
identity.
In order for an employer to receive safe harbor, an employee
who cannot correct a SSA discrepancy, or complete a special NEW
I-9, would not be considered eligible to
work.
Social Security Number Verification Service
(SSNVS)
For payroll purposes only, TABB INC. provides a W-4 form that
can be completed and stored electronically for each
employee.
Important SSA
Guidelines:
Do not use SSNVS before hiring an employee. You may not verify
someone's name and Social Security number until after you have
offered him or her job. Social Security will review usage of SSNVS
to ensure that employers are using it for the proper
purposes.
Do not use SSNVS to take punitive action against an employee
whose name and Social Security Number do not match Social
Security's records. A mismatch does not imply that you or the
employee intentionally provided incorrect information. A mismatch
does not make any statement about an employee's immigration status
and is not a basis, in and of itself, for taking any adverse action
against an employee. Doing so could subject you to
anti-discrimination or labor law
sanctions.
Company policy concerning the use of SSNVS should be applied
consistently to all workers. If used for newly hired workers,
verify information on all newly hired workers. If used to verify
information on other workers in your database, verify the
information for all workers in the
database.
Third-party use of SSNVS is strictly limited to organizations
that handle annual wage reporting responsibilities for employers
and have an authorized and valid contract to do so. SSNVS is not
for individuals or companies who conduct identity verification,
background checks or other related services for employers or other
parties.
Anyone who knowingly and willfully uses SSNVS to request or
obtain information from Social Security under false pretenses
violates Federal law and may be punished by fine or imprisonment or
both.
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