On June 15, 2012, the Obama administration announced that it would immediately implement a process to allow deferred action for young people who can meet the following requirements:
- Came to the United States under the age of sixteen;
- Have continuously resided in the United States for at least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
- Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
- Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
- Are not above the age of thirty.
Deferred action when granted will be given for a period of two years and can be renewed pending the review of the individual's case. Work authorization will be allowed for those who can demonstrate an economic necessity for employment.
We will provide more details on the deferred action program as they are announced, which is expected within the next sixty days.
Employers are required to complete an I-9 form for every employee they have hired. Employers may use a paper system, an electronic system or a combination of paper and electronic systems to store Forms I-9.
For the past few years, employers have been eligible to file and store Forms I-9 electronically. As the national effort to reduce the amount of illegal immigration becomes more intense on employers, a number of software companies are now offering electronic I-9 products. Employers are starting to weigh the benefits of eliminating paper I-9s and going digital.
There are many reasons why employers favor electronic I-9s over paper-based systems. A few of the most common include:
- Most of the major vendors use web-based systems. That means employers do not have to install software and only need Internet access and a web browser.Plaintiff signed an agreement that the trip from the worksite back to the office was unpaid.
- Employees are not able to complete the Form I-9 unless the data is properly entered. Many vendors offer systems that guide workers and human resource officials through proper completion of the forms.
- Employers with employees at multiple sites can more easily monitor I-9 compliance at remote locations.
- Re-verification is automated and employers are less likely to incur liability due to an inadvertent failure to update an employee’s I-9. Many systems send email reminders.
- Employers can integrate the system with E-Verify or other electronic employment verification systems in order to minimize the chances that unauthorized workers end up employed.
- An electronic I-9 system allows for the automation of the purging of Forms I-9 for employees no longer with the employer and for whom Forms I-9 must no longer be retained.
What standards must electronic I-9 systems meet
DHS regulations require I-9s generated electronically to meet set standards. A number of software products are available allowing for the electronic filing of I-9s and there are advantages to using such systems including improving accuracy in completing forms and setting up automated systems to prompt employers to re-verify I-9s for employees with temporary work authorization.
DHS regulations require I-9s that are generated electronically to meet the following standards:
- The forms must be legible when seen on a computer screen, microfiche, microfilm or when printed on paper.
- The name, content and order of data must not be altered from the paper version of the form.
- There are reasonable controls to ensure the accuracy and reliability of the electronic generation or storage system.
- There are reasonable controls designed to prevent and detect the unauthorized or accidental creation, deletion or deterioration of stored Forms I-9.
- The software must have an indexing system allowing for searches by any field.
- There must be the ability to reproduce legible hardcopies.
- The software must not be subject to any agreement that would limit or restrict access to and use of the electronic generation system by a government agency on the premises of the employer or recruiter.
Whether you wish to go green, save money or improve efficiency, employers that are considering transitioning from paper Forms I-9 to an electronic I-9 system need to be aware that the decision involves potential issues including legal liability, document security and cost. Our knowledge of the regulatory electronic I-9 requirements and our experience with the DHS I-9 regulations allow us to assist you in making the best decision how to complete and store Forms I-9 for your company and employees.