SHRM - The Society for Human Resource Management - has released the results of their Employment Verification Survey on the challenges related to the Employment Eligibility Verification Form, Form 1-9 and E-Verify. This is the process by which employees produce documents that will verify their identity and entitlement to work in the US – after which the employers check the documents and complete the Form 1-9.
From more than 600 HR professionals who were randomly selected, the survey revealed that 44% of respondents indicated that they do not face any challenges associated with the Form I-9 verification process. However, 34% reported difficulty maintaining records - when keeping track of documents with an expiration date - and 18% had issues with the authenticity of the documents presented.
The administration of Form 1-9 is one of the most routine tasks handled by HR and Benefits and Payroll departments and can be the subject of a federal visit where any, even minor discrepancies - such as a missing signature - can prove costly. Many firms may want to do away with the bother of completing Form I-9 but in reality, they cannot do this.
The survey also found 56% of respondent organizations took part in E-Verify. Of the organizations that were publicly owned for-profit, 79% were most likely to use E-Verify and of the privately owned for-profit organizations, 62% were most likely to use it. It was also found that organizations with 100 or more employees were more likely to use E-Verify and of those 38% participated voluntarily while 36% were satisfying federal contractor requirements.
When respondents were asked why they opted out of E-Verify, 45% of indicated the reason was the fact that E-Verify did not eliminate the need to complete Form I-9 and 34% stated that they did not participate due to lack of familiarity with the program.
According to the survey, 83% of employers would support a mandatory electronic verification system. It also appeared that backing for such a system would be even higher if it helped to avoid allegations of employment-based discrimination; included a strong safe harbor to protect employers; verified identity and eliminated Form I-9.
All employees hired on or after November 6 1986 must have a completed Form I-9 on file and employers are required to keep documentation for former employees for one year after their departure - or three years - whichever is later.
