Completing the Form I-9 to verify employees’ identity and legal authorization to work in the U.S. is a constant and steady obligation of staffing firm operations. Given the volume of hires for staffing firms, many agencies have chosen to move from paper I-9s to electronic I-9s. The U.S. Department of Homeland Security has issued very specific and detailed regulations that govern what information must be collected and how it must be securely stored and maintained in order to be considered a “compliant” electronic Form I-9.

There are many suppliers that provide standalone electronic Form I-9 products, and many more that provide a Form I-9 as part of an electronic onboarding system. The fact that a product is on the market, however, does not mean that it actually meets all the DHS regulations.

In December 2019, the U.S. Dept of Justice’s Immigrant and Employee Rights Section posted notices of two settlements with staffing firms alleged to have engaged in citizenship status discrimination by directing and/or limiting which documents a person could present. If an electronic I-9 software directs which document or documents a person can present based on citizenship status, regardless of what is permitted on the List of Acceptable Documents, then that I-9 software is not compliant and exposes the staffing firm to significant penalties.