Employers: Make Sure Your Agreement with Electronic I-9 Providers Is Adequate For Peace of Mind

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As most employers know, Immigration and Customs Enforcement (ICE) is increasing its efforts to stop illegal employment. Short-staffed and lacking resources to perform a lengthy stake-out and raid at an employer’s premises, ICE is using a softer, but no less chilling, method. A simple letter from ICE, called a Notice of Inspection, notifies an employer that it has 72 hours to produce its I-9s for ICE’s inspection. As fines are substantial and ICE now has the capability of shipping thousands of I-9s to its new inspection center in Virginia, established to handle large numbers of I-9s, employers are frequently turning to external electronic providers for I-9 storage, usually linked with E-Verify, as a cost-effective and secure alternative to paper I-9s. This may be an excellent solution, particularly in view of pending federal legislation, but there are some considerations to take into account when choosing an electronic I-9 provider, as LexisNexis discovered.

In June 2011, LexisNexis filed a complaint alleging breach of contract against USVerify, an I-9 and E-Verify service provider under a five year reseller agreement, wherein LexisNexis would resell USVerify services to its customers. USVerify agreed to provide LexisNexis with services that would permit an end user to complete an I-9 online, with USVerify providing storage, maintenance and tracking services. The end user could also conduct a right to work verification through E-Verify, and USVerify was to maintain the end user’s historical E-Verify data.

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Published In: Administrative Agency Updates, General Business Updates, Immigration Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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