LawLogix Guardian Helps During an Audit
ICE Agents around the country heavily scrutinize three main components of electronic I-9 providers:
- Conservative electronic signatures
- Forensic quality level audit trails
- User level access privileges
Guardian stands alone as the most compliant and widely acceptable solution by ICE agents across the nation. Here’s how:
Electronic Signature Process
A three step verification process includes biographic verification, employee attestation and randomly generated PIN number.
The system attaches the signature with the electronic I-9 record and records the date/time and user initials.
Guardian offers a printed confirmation of the employee signature if the employee requests a mailed or emailed receipt form (without personally identifiable information).
Forensic Quality Audit Trails
The system logs all users, description of the event, date and time it occurred.
Guardian’s audit trail is truly immutable (i.e., no change/ deletion of audit trail information can ever be made by any user at any time).
For every activity in the system that results in data being added, altered, or deleted, the audit trail is recorded down to the IP address.
Every individual that logs into the Guardian system receives a unique login and password so sensitive information is always protected and only available to licensed users with the appropriate privileges.
Not only are all users extensively trained in the system but real-time error checking functionality safeguards against I-9 errors or edits.
Audit Response Service
As worksite enforcement and Form I-9 audits continue to expand nationwide, employers must plan for the inevitable: a Notice of Inspection (NOI) compelling the employer to produce the Forms I-9 and other related documents for inspection within 3 business days (or 72 hours). Employers with paper Forms I-9 will typically need to scramble all available resources to locate the I-9s, gather the forms for attorney review, and make copies before delivering to the government. In many instances, employers will find that they have missing or incurable forms, which can lead to substantial penalties and fines.
Employers using electronic I-9 software must also consider how their system will be viewed and inspected by Immigration and Customs Enforcement (ICE) or other government agencies. If an electronic I-9 system fails to comply with any of the regulatory standards set, ICE may deem the entire system as “non-compliant” and invalidate all of the I-9 records created in that system.
*******8 C.F.R. § 274a******* (Is this a title?)
Under the codified regulations, an employer using an electronic I-9 system must be able to retrieve and reproduce (including printing copies on paper, if requested) only the Forms I-9 electronically retained in the electronic storage system and supporting documentation specifically requested by an agency of the United States, along with associated audit trails. The agency may also request electronic summary files containing all of the information fields on all of the electronically stored Forms I-9 and other documentation which establishes both the business processes for creating or amending I-9s and the authenticity and integrity of the electronic records.
Reports from the field make it clear that ICE agents may scrutinize electronic I-9 records and demand documentation concerning how the electronic I-9 system works. If additional information is requested, we can provide the following:
- Forensic-level Audit trails for any electronic I-9 when it was created, completed, updated, modified, altered or corrected
- Summary spreadsheet of all information fields on all electronically stored I-9s
- Standard operating procedures – how Guardian works, including the indexing system, audit trail, and electronic signature methodologies
- Description of security features that ensure only authorized personnel have access to the system
- Description of user privileges to show the risk of unauthorized or accidental alteration/erasure of records is minimized
A comprehensive approach backed by a network of experienced attorneys
LawLogix has the largest network of practicing AILA attorneys who have seen hundreds of ICE audits during the past few years. Based on their feedback, we know what ICE is looking for in an electronic system and have trained personnel ready to work with you and your counsel at a moment’s notice. We understand the importance of a timely and correct response, and make NOI Responses a top priority.
Guardian is the most compliant and widely accepted electronic I-9 software by ICE agents across the nation.
Download specifications on the LawLogix Guardian audit response service: Here