Humans are prone to error, something that, for the most part, separates us from computers. When it comes to the Form I-9 a simple error can turn into more of a highway robbery as the fines pile up. This is why an electronic version of the Form I-9 can prove helpful for human resources departments. Why risk making an error when you don't have to?

​Maintaining compliance via automation

Melissa Prentice, President of Clear I-9, believes that when a company utilizes electronic Form I-9 storage correctly, it is much less likely to run into problems. Part of the reason Melissa believes digital forms ultimately reduce risk is the lack of guesswork involved. Automated Form I-9s guide users through the process in a way that mitigates risk.

"It's an automated software program," Prentice said. "That prompts you based on your selection. There are also algorithms designed so that selecting a particular category then prompts you for the next natural step in the completion of the I-9 process."

"In contrast, if you were to complete a hard copy I-9 you could very well skip a field. Whereas the electronic compliance software immediately detects the missing mandatory field, so you would not be able to move on in the process without having that completed."

Ensuring every field is filled out is vital, because even something as simple as a blank space is enough for a fine, and they add up. Imagine you work for a company of about 200 people, and an I-9 audit finds blank fields on 5 percent of your Form I-9s. Doesn't seem like much, does it? In this particular scenario, depending on your previous record with Form I-9 compliance, the penalties could run anywhere from $252 to $2,507 per form.

Fines of that size are definitely not something you'll want to deal with just because someone forgets to fill in a few blank spaces. Why take the risk of getting penalized for such an insignificant mistake when software can virtually eliminate the possibility for error?

Another risky I-9 practice is revisions. Sometimes, alterations are necessary, but again the potential for human error is as high as ever. With hard copy forms, if a revision is necessary, standard practice is to cross out the old field, correct it and date and initial the change in the margin. If any part of this is illegible, forgotten or done incorrectly then fines could be on the way.

Digital I-9 compliance software can fix this issue as well. They can correctly and automatically revise documents when prompted. In addition, all changes are tracked. This is useful during an investigation of Form I-9s, when you will need to produce an audit trail for all revisions.

"You can view an audit trail that identifies, lists in detail, all the actions taken from the initial creation of the I-9," Melissa explained. "So that, in essence, creates a greater sense of reliability and efficiency and consistency when you're using the software."

Form I-9 compliance programs have what Melissa called "a compliance software element," which means that they have algorithms built in that can track changes to the form and identify when they don't match what is mandated for any particular field. For example, the field that identifies when the form was completed must contain a date, and the line that marks the employee's home address should contain exactly that and nothing else.

Purging the past



Just as humans are prone to error, they also trend toward forgetfulness. This can be a problem if it leads to holding onto Form I-9s for too long. The documents should be stored for a specific period of time, three years after hire or one year after termination, whichever comes first. Any shorter, and you could be in trouble. Holding onto your Form I-9s for longer than the given period isn't a compliance issue, but it does put you at risk. However, electronic Form I-9 storage programs have a solution for this as well, automatic purging.

"You don't get penalized per say for having I-9s beyond the three year date," Prentice said in reference to the purge feature. "However, you open yourself up to risks and liability because, if you are audited, you're going to be audited for your current I-9s and your old I-9s as well. And you're going to be fined, even on those old I-9s that reflect employees that are no longer with you."

As long as a Form I-9 is stored by your company, you're at risk for getting fined, no matter how old it is. If ever form is perfect, then you are fine, but as mentioned before, humans are prone to error. An eight year old document could have a mistake that occurred before you ever started working at a given company. That's a trap that the digital Form I-9 can ensure you avoid.

People make mistakes, it is part of being human, but that doesn't mean that businesses should have to pay dearly for them. Storing Form I-9s electronically is a failsafe that ensures the errors that can lead to thousands of dollars in penalties are avoided. It can save companies both time and money and ensure compliance.