The importance of due diligence

The current climate of our time makes an employer’s due diligence in verifying their employees’ identities and their right to work in the United States even more critical. News articles surrounding this topic illustrating raids and pending investigations serve as further evidence that companies must protect themselves against fines, audits and debarment from immigration programs. HRM asked Dawn Standerwick for more information.

HRM. Immigration is a hot topic in the United States today. What can employers do to ensure they are following the law as it pertains hiring legal workers?
DS. Employers should perform due diligence in implementing a process that promotes 100 percent compliance for I-9 identity verification as well as work eligibility verifications. Employers should also routinely review their I-9 procedures to ensure compliance with federal laws.

HRM. What is the Basic Pilot program?
DS. The Employment Eligibility Verification Program (EEV), formerly known as the Basic Pilot program, is a joint effort of the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to provide an automated means of verifying the employment eligibility status for newly hired employees.

Currently, the EEV is a voluntary system for employers, though, many states are adopting legislation which requires employees be verified through this system and others are enforcing these requirements upon employers who work under federal and state contracts. A search of the EEV can either be processed by the employer or a designated agent.

HRM. What are the benefits of utilizing a designated agent versus the EEV directly?
DS. There are many reasons an employer would utilize the services of a designated agent. One major selling point is that proprietary systems greatly simplify the process and lead the user through required steps. The degree of training necessary to participate in the EEV program is greatly diminished through a designated agent. There are several benefits extended to employers who utilize a designated agent:

• Proprietary Systems
• Education & Training
• Support
• Reporting Capabilities
• Ongoing Compliance Support
• Legislative Alerts

Many employers have found that utilizing the system of a Designated Agent not only simplifies this process, but extends many services and solutions developed specifically for I-9 Compliance.

The EEV process can be electronically bundled with other proprietary solutions for relevant I-9 processes, also available electronically.

HRM. What are the benefits of an electronic I-9?
DS. One the key benefits of utilizing an electronic I-9 is the risk of fines and penalties under an audit are virtually eliminated. The electronic I-9 contains error checking to ensure that all fields are properly completed, provides for an electronic signature and has reporting capabilities.

The Electronic I-9 is a complete paperless solution. Current I-9s can be audited and scanned into the system for easy retrieval, monitoring and reporting purposes.

HRM. What types of solutions are available through designated agents?
DS. The services and solutions offering of designated agents are proprietary and will vary. Background Information Services (BIS) provides a system that extends some of the following solutions to support employers in their I-9 processes:

• Non-Confirmation Support - EEV Process Verification provides on-screen applicant disclosures in English and Spanish as well as follow-up email notifications throughout the process.
• Automated Alerts provide email notification at 90, 60 and 30 days in advance of an employee’s expiring work authorization documents.
• Electronic I-9 with error checking ensures that I-9 forms are legally completed.
• Applicant data from the I-9 can be automatically transferred to the EEV for processing. Streamlining both processes and substantially minimizing the potential for human error.
• Provides a totally paperless process, including e-signature and the ability to scan I-9 related documents.
• Secure, paperless Form I-9 storage
• Flexibility and customized programming & reports
• Audit Support

Dawn Standerwick is the Vice President of Operations for Background Information Services, Inc., a leading national and international screening company. Ms Standerwick has worked in the screening industry for 16 years in a variety of roles. She is also actively involved in the National Association of Professional Background Screeners (NAPBS), a national association promoting standards, integrity and compliance in the background screening industry, sitting on the Government Relations and Best Practices Committees and co-chairing the Grassroots Sub-committee.