Robal’s Response to the USCIS changes
On Friday, USCIS announced additional changes to the I-9 process.
Effective August 1st, employers not using E-Verify must continue on with physical review of employee documentation.
If employers are using E-Verify and are in good standing, they may do a remote review (through a live video platform) of employee documentation.
From HR Dive:
Employers must consider how they will store I-9 documents reviewed remotely.
“It has to be incredibly safe and secure,” Raymond Lahoud, member at Norris McLaughlin said. “It can’t be emails back and forth. You have to keep documents central and safe. Keep a repository. Maintain the chain of command.”
No matter what, focus on compliance.
Lahoud and SHRM Chief of Staff and Head of Government Affairs Emily M. Dickens, emphasized the need for employers to be ready for audits. “At some time, this information will be audited, so employers must have a good handle on their virtual I-9 processes to ensure their onboarding processes are compliant,” Dickens said.
Robal’s Response for employers who are not E-Verify users: The Remote I-9 requirement: Robal has the ability to provide a tech solution to the remote I-9 requirement. We utilize a representative model where the employer still retains custody of the entire process and can review the process after it’s been completed between an employee and the reviewer.
Robal’s response for employers who are E-Verify users (non E-Verify users get these benefits also): We will have the new I-9 form. And we provide safe storage – employees upload documents into our system directly. We have multifactor authentication and firewalls to protect data. No more identification documents in texts, emails, faxes etc. 1 location that can be managed and protected.
Audit trail that can verify where and how the I-9 was completed. We already track IP address where completed. In response to the USCIS changes, we will introduce an option for ‘in person’, ‘over live video’ and ‘reviewer’ giving your company three options to complete the I-9. Our system requires identification documents to be uploaded BEFORE the I-9 can be reviewed thereby maintaining consistency with the USCIS requirements. All of this will be tracked on our audit trail and will be ready by August 1, 2023.
Coming on the heels of this, we will be implementing a Live video integration through the platform that can record the whole interaction or only the timestamp and interaction serial code for review on the I9 Audit trail. We expect this to be ready by mid-August.
Further changes announced by USCIS regarding I-9s completed from March 2020 – July 31, 2023
If an employer meet the following requirements:
- The employer was enrolled in E-Verify at the time that it performed the remote examination for verification or reverification of the employee’s documentation.
- The employer created an E-Verify case for that employee.
- The employer performed the remote inspection between March 20, 2020 and July 31, 2023.
Employer has met the I-9 requirements.
If the employer does not meet those requirements, Robal can generate new I-9s and complete the required review process. If you are now an E-Verify member or not we can get you compliant through our remediation process.
Robal’s ready for the changing landscape of employment. Robal is a full-service onboarding solution supporting employers and employees. We offer the ability for employees to complete all the federal, local, state and company specific required documentation with guardrails for all. Manage your certifications, licenses, training requirements, and credentials through our badging mechanism. Built with ease for providing information to internal and external users. Feel more assured that your company is compliant with ever-changing laws with Robal.