The Five Questions You Should Be Asking to Vet an I-9 System

There are a growing number of electronic I-9 verification systems, each offering different features and benefits. However, not all systems are created equally. While many might provide speed and convenience, some fail to meet the detailed regulatory requirements established by U.S. Immigration and Customs Enforcement (ICE).

This distinction is critical: under ICE regulations, if ICE finds an electronic system noncompliant, it can invalidate otherwise properly completed I-9 forms from the system, creating risk across an employer’s entire workforce.

Because ICE does not endorse specific vendors, the responsibility ultimately falls on employers to carefully evaluate and select a system that meets both regulatory requirements and operational needs. So how can employers confidently assess their options?

The Framework

ICE’s electronic I-9 regulations establish specific legal and performance standards for how I-9 forms may be completed, signed, stored, and reproduced electronically.

These regulations are intentionally “product neutral,” meaning employers have flexibility in how systems are designed, but those systems must still meet strict requirements around:

• Data integrity and accuracy
• Audit trails and traceability
• Electronic signatures
• Record retention, security, and accessibility

Compliance is not achieved simply by adopting a digital tool. Employers must ensure that any system they implement conforms with ICE’s regulatory requirements and produces records that can withstand government scrutiny during an audit.

Conducting an Evaluation

Many employers choose to go through a formal Request for Proposal (RFP) process or conduct individual research on different vendors. Either way, organizations should develop a clear understanding of:

• How the system generates and stores I-9 records
• Whether it preserves the required format and data elements
• whether it can produce audit trails (which capture the actions taken on each I-9 record) with sufficient details
• Whether it can meet ICE inspection and production requirements

Importantly, ICE has increasingly focused not just on Forms I-9 themselves, but on the underlying systems used to create and maintain them. During an audit, employers may be required to provide:

• The audit trails that correspond with each I-9 record
• System documentation
• Descriptions of internal processes
• Access to or demonstrations of the system

We strongly recommend partnering with experienced immigration counsel to evaluate systems against these standards and ensure the solution meets both compliance and operational requirements and has the necessary functionality and flexibility to manage and adjust to rapidly changing government policies and guidance.

Five Key Questions to Ask When Vetting an I-9 System

To ensure you’re selecting a compliant and reliable I-9 solution, consider the following questions:

1. Are All Workflows Compliant?

Every workflow, field, and user option within the system should align with ICE regulatory requirements. 

A compliant system must:

• Preserve the required content, structure, and sequence of the Form I-9
• Prevent missing or incomplete fields
• Avoid introducing unauthorized data elements or processes that vary from the I-9 form
• Have an electronic signature process that meets ICE requirements
• Allow I-9 forms, particularly section 1 of the form, to be initiated without prepopulating employee data from some other system or source

Even minor deviations can create compliance exposure. Systems that rely on shortcuts or inconsistent workflows may increase audit risk. It's important that newly hired employees understand they are filling out an I-9 form and not filling out a series of computer-based wizards. 

The system’s electronic signature process must meet government requirements as well.  The system must effectively capture the fact that the employee has read and acknowledged the attestation that he or she is making when signing section 1 of the I-9. Additionally, it must also capture the identity of the individual signing section 1, so the government can be sure the I-9 was signed and completed by the employee.

2. Does It Properly Support E-Verify and Related Processes?

If your organization participates in E-Verify, the system must properly support required workflows and timelines.

Electronic I-9 systems can help by:

• Transmitting I-9 data directly into E-Verify
• Tracking case status and deadlines
• Providing reporting and oversight tools allowing you to manage your E-Verify cases within the I-9 system

However, the system must enforce correct usage. Improper handling of verification processes, or failure to follow required timelines, can result in compliance violations and questions from E-Verify's Employer Compliance Unit.

3. Does the System Maintain a Complete Audit Trail?

Audit trails are a core requirement under ICE regulations and a critical focus area during ICE I-9 inspections.

A compliant system must capture:

• Who accessed a record
• What actions were taken
• When those actions occurred

It must also create a secure and permanent record of all activity, including the creation, completion, modification, and correction of I-9 records.

During an ICE audit, the Notice of Inspection requires employers to produce I-9s along with their associated audit trails. Weak or incomplete audit trails can lead to penalties, even where the I-9 itself appears compliant. It’s critically important that the audit trail capture the login or sign on by the employee so that a government auditor can clearly see that the actions taken in section 1 of the I-9 form were performed by the employee.

4. Does the System Implement Proper Security and Record Controls?

ICE regulations require employers to maintain effective safeguards over electronic I-9 records.

A compliant system should:

• Restrict access to authorized personnel
• Prevent unauthorized alterations or deletions to I-9 data
• Maintain backup and recovery processes
• Log and record all activity on each I-9 as part of the audit trail

Additionally, any loss, alteration, or erasure of records, if it could reasonably have been prevented, may be treated as a violation under the ICE electronic I-9 regulations.

5. Is the Software User-Friendly Without Compromising Compliance?

While compliance is the top priority, usability and functionality remain important—especially in high-volume or decentralized hiring environments.

An effective system should:

• Guide users through compliant workflows
• Reduce errors through validation and ensuring required fields are completed
• Ensure consistency across users and locations
• Have flexibility to quickly adapt to changing regulatory standards and guidance from the government

Efficiency should never come at the expense of compliance. The most effective platforms strike the right balance: intuitive for users but structured enough to ensure every I-9 is completed correctly and consistently.

The Takeaway

With increased ICE audit activity, evolving enforcement focus, and rising penalties, more employers are reevaluating their I-9 systems and compliance frameworks.

Electronic I-9 systems can provide significant benefits, including:

• Reduced error rates
• Improved tracking and visibility
• More efficient audit response
• Stronger record management

However, these benefits depend entirely on whether the system itself meets ICE regulatory standards.

A non-compliant system can introduce risk at scale, impacting every I-9 completed within it. As ICE continues to scrutinize the underlying compliance of electronic I-9 systems more closely during audits, employers must take a compliance-first approach when selecting and implementing a new I-9 system.

Choosing the right solution is not just about efficiency; it’s about ensuring your I-9 program can withstand inspection, produce compliant I-9 records and audit trails within tight timeframes, and reduce overall organizational risk.