IER Issues Fact Sheet with ICE on Electronic Form I-9 Software The Immigrant and Employee Rights Section (IER) has issued a fact sheet together with the Department of Homeland Security's Immigration and Customs Enforcement, Homeland Security Investigations, on how employers can avoid violating the law when using proprietary or commercial electronic programs to complete the Form I-9 or E-Verify process. The new fact sheet is available here: How to Avoid Unlawful Discrimination and Other Form I-9 Violations When Using Commercial or Proprietary Programs to Electronically Complete the Form I-9 or Participate in E-Verify The fact sheet gives straightforward, practical information on things employers should consider when deciding whether to use a commercial or proprietary Form I-9 or E-Verify program. For example, the fact sheet explains common mistakes to avoid with these types of electronic programs. The fact sheet also discusses Form I-9 and non-discrimination legal requirements. Employers are not required to use electronic programs to complete the Form I-9 or E-Verify processes. Instead, a downloadable Form I-9 is available at www.uscis.gov/i-9 and E-Verify is accessible via www.e-verify.gov. Using a commercial or proprietary Form I-9 software program does not guarantee an employer's compliance with federal law. Employers are responsible for ensuring that any commercial or proprietary program they use to complete, modify, or retain the Form I-9 or participate in E-Verify, complies with all legal requirements. Several IER settlements have involved employers—from large, Fortune 500 companies to small organizations—that IER determined had committed discrimination related to their use of commercial or proprietary electronic Form I-9 programs. These settlements required employers to pay civil penalties, rehire workers with back pay, undergo training and monitoring, and change their employment eligibility verification practices to avoid future discrimination involving commercial or proprietary Form I-9 programs. Understanding common mistakes that contribute to discrimination can help an employer when considering whether to use a commercial or proprietary program for completing the Form I-9 or participating in E-Verify. Contact IER with questions about how to hire workers and complete the Form I-9 and E-Verify processes in a nondiscriminatory way. IER's hotline is available at 1-800-255-8155, from 9am – 5pm ET, Monday – Friday. Calls can be anonymous and language services are available. (1-800-237-2515 TTY) More information on avoiding unlawful discrimination: | 
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