Accessibility Tools

Skip to main content

The Latest      —

ADVANCE PREPARATION OF SECTION 1 BY ELECTRONIC I-9 PROGRAMS IS PROHIBITED

Written on .

On April 11, 2013, the American Immigration Lawyers Association Verification and Documentation Liaison Committee held a meeting with officials from the Immigration and Customs Enforcement (ICE) HSI Worksite Enforcement Unit. One of the issues discussed was the advance preparation of Section 1 of the I-9 form by electronic I-9 programs. This is an important issue for many employers who use electronic I-9 systems. Many electronic I-9 systems are integrated with other HR systems and seek to create efficiencies in the hiring process by inserting employee information in Section 1 from data in the employer’s intake program.

In what we believe is a fairly significant change in the agency’s position on this issue, ICE stated that advance preparation of Section 1 is not permissible, regardless of whether the preparer/translator section is completed and regardless of whether the individual employee provided the original information that is used.

Based on these statements, employers should be aware that an electronic I-9 program that involves advance preparation of employee information in Section 1 carries same legal risk. The agency’s position applies to an employer’s existing and future electronic I-9s.

It is not clear why ICE has taken this position. We are monitoring this change and hope to provide more information in the near future.

WIMBERLY, LAWSON, STECKEL, SCHNEIDER & STINE, P.C.

Suite 400,  Lenox Towers,

3400 Peachtree Road, N.E.

Atlanta, GA 30326-1107

ADDRESS SERVICE REQUESTED

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

Early morning Bagan, Myanmar
The Trump Administration has acted to terminate TPS status for several countries.  Of course, litigation has followed each notice of termin…
staff
In many situations, employers utilizing staffing companies or other independent contractors to provide workers, enter into contracts with t…
discarded papers
During the Biden administration, a new concept was adopted by the Biden-appointed NLRB in which employers were required to bargain with a u…
be reasonable
In a memo to the NLRB regional offices in late February, NLRB General Counsel Crystal Carey told regional NLRB officials to reduce efforts…
gender neutral bathroom sign
On February 26, 2026, the Equal Employment Opportunity Commission (EEOC) ruled that federal employers can lawfully block transgender worker…
sign: please stay on the path
The classification of workers as employees or independent contractors is incredibly important to businesses.  Employment protection laws do…