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The DOJ Issues a Fact Sheet for Employers on the Use of Electronic Form I-9 

The Department of Justice (DOJ) has issued a new employer fact sheet advising employers about avoiding unlawful discrimination and other Form I-9 violations when using software programs to complete I-9s. The fact sheet reminds employers to be cautious about software programs that claim to have government endorsement or that do not provide technical assistance and support to their users. 

The fact sheet provides insights and guidance on: 

  • Ensuring the software program allows employers and employees to follow I-9 requirements; 
  • Ensuring the system fulfills all requirements for Form I-9 accountability and reliability for completing, modifying, and retaining Forms I-9; and 
  • For those who use a software program to complete E-Verify documentation, ensuring all E-Verify requirements are followed, such as displaying all notices and using the current version of Tentative Nonconfirmation (TNC) notices. 

The fact sheet also advises employers on what to avoid when using Form I-9 software programs including not automatically pre-populating the Form I-9 with employee information derived from information they have accessed externally, among other things.  

Next Steps 

It is recommended that employers who use software for completion of Form I-9 and/or E-Verify review this guidance and take note of the considerations raised to ensure that your vendor’s products and services, in addition to your practices, do not violate federal law. For employers who are considering the use of software, it is also recommended that you review this fact sheet for best practices including questions to ask or consider when selecting a software vendor. 

HR Works, headquartered in Upstate New York, is a human resource management outsourcing and consulting firm serving clients throughout the United States for over thirty years. HR Works provides scalable strategic human resource management and consulting services, including: affirmative action programs; benefits administration outsourcing; HRIS self-service technology; full-time, part-time and interim on-site HR managers; HR audits; legally reviewed employee handbooks and supervisor manuals; talent management and recruiting services; and training of managers and HR professionals.