US20140304179A1 - Method for Complying with Employment Eligibility Verification Requirements - Google Patents

Method for Complying with Employment Eligibility Verification Requirements Download PDF

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US20140304179A1
US20140304179A1 US14/311,078 US201414311078A US2014304179A1 US 20140304179 A1 US20140304179 A1 US 20140304179A1 US 201414311078 A US201414311078 A US 201414311078A US 2014304179 A1 US2014304179 A1 US 2014304179A1
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document
section
list
date
employment
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US14/311,078
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Elaine V. Morley
John T. Andersen
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Lookout Services Inc
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Lookout Services Inc
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    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q10/00Administration; Management
    • G06Q10/10Office automation; Time management
    • G06Q10/105Human resources
    • G06Q10/1053Employment or hiring
    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q10/00Administration; Management
    • G06Q10/10Office automation; Time management
    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q10/00Administration; Management
    • G06Q10/10Office automation; Time management
    • G06Q10/105Human resources
    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q30/00Commerce
    • G06Q30/018Certifying business or products

Definitions

  • This invention relates to methods for data entry and verifying that data is correctly entered, and, in particular, to a method for assuring employer compliance with employee employment eligibility verification requirements.
  • An employer may utilize the method of the present invention by accessing a software program over a global computer network, through telecommunications systems, or by obtaining and loading the appropriate software in a local computer on his job site.
  • Compliance alerts and compliance tips are displayed for guiding an employer in completing the Form I-9.
  • the compliance tips may be selected and modified by a particular employer.
  • the data in such forms may be automatically audited to analyze whether the completed Form I-9 has been accurately completed, and a listing provided of various errors and additional data required.
  • FIG. 1 is a view screen display of an I-9 Administration Section, showing various tasks for use in a process according to the present invention
  • FIG. 2 is a view screen display of a Reporting Section, showing various report options which are available according to the process;
  • FIG. 3 is a view screen display of an Utilities Section, showing various administrative tasks for managing administration of and access to the process;
  • FIG. 4 is a view screen display of Action Options which may be performed in working with a particular Form I-9 document, or a group of documents;
  • FIGS. 5A and 5B together provide a flow chart showing operation of the process
  • FIG. 6 is a block diagram showing a process for searching for an existing Form I-9 document among various documents affiliated with a particular employer;
  • FIG. 7 is a flow chart showing a process for performing a compliance analysis, to determine whether an employment eligibility verification form has been accurately completed.
  • FIG. 8 is a flow chart showing various process steps for displaying alerts when document types are selected as verification documents for use in a particular I-9 document.
  • FIG. 1 is a view screen display of an I-9 Administration Section listing 12 for use in verifying employment eligibility of a potential employee according to the present invention.
  • the I-9 Administration Section 12 lists several options for initiating various tasks. The first listed task is entitled “Audit A New I-9 Document.”
  • the Audit task allows a user to import data from an existing Form I-9 document, and then to perform a compliance rules analysis on the data of the existing Form I-9 document to determine whether the existing Form I-9 document was correctly completed. Such data for auditing may be imported from another type of database, manually entered into the system, or optically scanned from previously completed Form I-9 documents.
  • the next listed task in the I-9 Administration Section 12 is entitled “Add A New I-9 Document.”
  • the Add task allows a user to initiate the pulling up of a blank Form I-9, in which data can be filled into the various fields.
  • the I-9 Administration Section 12 further includes a task listing entitled “Existing I-9 Documents Search And Edit” task, by which all of the existing Form I-9 documents associated with a particular employer are listed for selection by a user for editing. The user may then look through the listing to select a particular Form I-9 document and select various Action Options, such as performing the compliance rules analysis in a recalculate analysis, printing, auditing, editing or deleting.
  • the last listed task in the I-9 Administration Section 12 is the Individual I-9 Document Search and Edit.
  • the Individual I-9 Document task allows a user to search for an existing Form I-9 document for a particular employee, by searching for such employee fields as first name, last name, date of birth, social security number, and other such employee identifying numbers.
  • FIG. 2 is a view screen display of a Reporting Section 14, from which various reports may be selected for review by a user.
  • the first listed report is an Additional Information Needed Report, which lists various data needed to complete the Form I-9's associated with a particular employer as identified by performing the compliance rules analysis on the Form I-9 documents associated with a particular employer.
  • the Additional Information Needed Report will not list incurable defects in the Form I-9's being analyzed, but will only this those defects in the documents which may be cured. Such curable defects will include various incompatible and missing data entries listed in Form I-9 documents associated with the particular employer.
  • the Additional Information Needed Report may also identify both blank fields and inconsistent entries, such as the selection of incompatible document types or the entry of incompatible dates, which cannot be correct.
  • the next listing in the Reports Screen of FIG. 2 is Data Entry Audit Report, which provides a report of when various Form I-9's are completed for review by an employer.
  • the employer will list a range of dates from which the report is created.
  • the Data Entry Audit Report will then provide a listing of the Form I-9's which were completed during the selected range of dates, preferably providing the listing in tabular form and including the for each listed Form I-9 the employee's name, social security number, date of hire, work location, and the like. From this listing, employer's may determine if a sufficient number of Form I-9's have been completed to accommodate the amount of persons hired by the employer over selected range of dates.
  • the next listing in the Reporting Section 14 is a Statement of I-9 Completion Report.
  • This report lists for the various Form I-9 documents associated with a particular employer both the documents which are completed, and the documents which are completed except for incurable defects.
  • the Statement of I-9 Completion Report will not list those documents which have curable defects, which should be listed in the Additional Information Needed Report.
  • the Additional Information Needed Report will not list those documents which are listed in the Statement of I-9 Completion Report as being either fully complete Form I-9's, or fully complete Form I-9's except for incurable defects.
  • One of the four incurable defects is failure of an employer to require a newly hired employee to complete all or any portion of Section 1 of a Form I-9 no later than on the date on which that employee's employment services for that employer commence.
  • a second one of the four incurable defects is failure of an employer to reverify Form I-9 Section 1 or Section 2 expiration date, if such date requires reverification, no later than the date on which the document to which such date relates expires.
  • a third incurable defect is failure of an employer to complete Section 2 of the Form I-9 within three (3) days of the employee's employment start date, which could be significantly later than the date on which the employment was offered and accepted and which was the first opportunity under law to complete the Form I-9 without possible consequences for discriminatory treatment.
  • a fourth incurable defect is failure of an employer, when rehiring a former employee, to update Section 3 of the Form I-9 that remains on file for that employee, subject to the retention requirement.
  • the next report listed in the Reporting Section 14 is a Combined Audit Report, which is preferably a combination of the Additional Information Needed Report and the Statement of I-9 Completion Report.
  • the Combined Audit Report lists all of the Form I-9's associated with a particular employer, which includes the Form I-9's which are fully complete, the Form I-9's which have curable defects and the Form I-9's which have incurable defects.
  • the Combined Audit Report will also identify the employee of the listed Form I-9, and the particular defects associated with various ones of the listed Form I-9s.
  • the next report in Reporting Section 14 is an Expiring Employment Documents Report.
  • This report identifies various documents which are expiring on particular dates which are associated with a particular employer. This report may be run according to a selected range of dates, such that an employer may begin processing the required updates for the pertinent Form I-9's prior to the actual dates of expiration of the documents. Should a document used in Section 2 of the Form I-9 expire prior to updating of the pertinent Form I-9, this would create an incurable defect for that particular Form I-9, subjecting the employer to potential liability.
  • the next report is an Invoice Report, which lists the various invoice balances a particular employer has on account with a particular compliance analysis service provider providing the services of to the present invention to that employer.
  • the next report listed in the Reporting Section 14 is a Recalculate Statement of I-9 Completion Report, which will perform the compliance rules analysis by running checks for each Form I-9 associated with a particular employer to provide an error listing in a Statement of I-9 Completion Report for the various documents.
  • FIG. 3 is a view screen listing of a Utilities Section 16, listing various options for performing administrative tasks.
  • the first menu listing is entitled “Add A New Company.”
  • the next listing is entitled “Company Data Search & Edit,” in which data associated with a particular employer may be searched and edited.
  • the next listing in the Utilities Section 16 is entitled “Administer Logon ID's.” This task is used for changing various logon ID's and passwords for particular employees of an employer who are performing the administrative tasks for the present method.
  • the next listed task is entitled “Login Notices Administration,” which allows the service provider to post various notices regarding processing of the Form I-9's, such as changes in immigration regulations which are not yet incorporated into the rules used for compliance analysis.
  • the Login Notices may also post for viewing special notices issued by the Immigration and Naturalization Services affecting a particular group of foreign nationals, and the like. Preferably, such Login Notices will be provided by a pop-up window which appears when a user logs into the system.
  • the next listing is entitled “I-9 TIPS Administration,” which allows a particular employer to modify the TIPS for display to their associated users who are entering data into a Form I-9.
  • FIG. 4 is a view screen listing of Action Options 18 , which are various actions which may be taken when reviewing a particular Form I-9 document.
  • the first is listed action is entitled “Edit,” and allows a user to go back into the selected document to edit the document.
  • the document is displayed and the user is allowed access to the various individual fields by selecting a particular field viewed on the screen with a graphical user interface.
  • the next action listed in the Action Options Menu 18 is entitled, “Audit.”
  • the Audit feature displays the compliance rules analysis report for a particular selected Form I-9 document, without displaying any alerts or TIPS.
  • the Audit feature may be used to generate a Statement of I-9 Completion Report for particular documents, or for a group of documents of an associated employer.
  • the next action option is entitled “View Print Screen,” and primarily displays the Form I-9 documents in a fixed graphical format, as it will be printed if printing is selected when the View Print Screen option is displayed.
  • the next listed option in the Action Options Menu 18 is entitled “Service Charges,” and provides a display of the various service charges due by the employer affiliated with the user I.D. currently accessing the system.
  • the next option is entitled “Delete,” and may be used to delete the field data of a particular Form I-9 document.
  • the next option in the Action Options Menu 18 is entitled “Display Additional Information Needed Report,” which provides a display listing of additional data required to complete the selected documents associated with the particular employer.
  • Action Options Menu 18 is entitled “Recalculate Analysis,” and recalculates the audit report of the compliance analysis for a group of particular selected documents. This option, as opposed to the audit option, would recalculate the analysis from a group of selected documents by running checks in I-9's. The audit feature will only recalculate the checks analysis for a particular document.
  • FIG. 5A and FIG. 5B together provide a flow chart showing a method for verifying employment eligibility of employees according to the present invention.
  • the flowchart begins at block 20 , after the employee has completed and signed Section 1 of a Form I-9 and the employer is beginning to complete Section 2 of the Form I-9.
  • the first step in the process is the step of selecting documents from a list of acceptable documents, shown in block 20 .
  • the employer must personally review originals of the acceptable documents, and not copies, in the step shown in block 22 .
  • a display Task Menu Screen step is depicted, in which preferably a combined menu listing of the I-9 Administration Section 12 of FIG. 1 , the Reporting Section 14 of FIG. 2 , and the Utilities Section 16 of FIG.
  • the next step is to select a task, with the selected task being shown in FIG. 5A as Add A New I-9 Document, which is depicted in block 26 .
  • the Form I-9 document is displayed on a view screen. If Add A New I-9 Document is selected in I-9 Administration Section 12, the display I-9 document step of block 28 will display an Form I-9 document with all the fields blank, that is, a blank document will be displayed. If Edit An Existing Document is selected, the display I-9 document screen in block 28 will display an existing document, with data for the various fields displayed in the Form I-9 document. Next, a user will select a data entry field and the computer will determine whether the field has been selected in decision block 30 .
  • the display TIPS step is performed. If there are any TIPS for display with the associated field, such TIPS will be displayed on the view screen in a pop-up window.
  • the data will be entered by the user and stored in a database for the Form I-9, and then the new entered data is displayed in the Form I-9 document screen 28 .
  • the process returns to the select field decision block 30 , and if a new field is selected, the display TIPS step 32 and enter data step 34 are performed. The process will return to the display Form I-9 document screen shown in block 28 and wait until a new field is selected for data entry. New fields may be selected by hitting the Enter key without changing the data listings in a particular field.
  • Block 36 is a run checks decision block which determines whether run checks has been selected by requesting an audit or perform compliance analysis task. From the run checks decision block 36 , the process proceeds to block 38 to apply various Form I-9 document rules will be applied to the various data fields to perform the compliance rules analysis. The rules for compliance analysis are set forth in Table III. If any errors are detected in the decision block 40 after the compliance analysis is complete for the particular Form I-9, an error list of various errors compiled will be displayed in block 42 . If not, the process will return back to the display Form I-9 screen of block 28 . If errors are displayed in block 42 , they will preferably be displayed in a pop-up window which is overlaid with the display Form I-9 document screen of block 28 .
  • the process proceeds to perform for the compliance analysis step depicted in block 46 .
  • the compliance analysis step of block 46 is the same as the compliance analysis step depicted in block 38 , and is performed as a final check prior to printing. If errors are detected as shown in block 48 , then the a display error list report 50 will be performed and the listing of errors will be displayed in a window which pops up to overlay the display I-9 document screen of block 28 . At this point, an option is provided to cancel printing and stay in the display I-9 screen so that the user may correct the errors, and an option is also provided to disregard the errors and proceed to the display print window step of block 52 to print the Form I-9.
  • Reminder messages preferably appear, such as a reminder that the user should review an employee's original documents in completing the Form I-9. Then, a user may select to print the Form I-9 document in block 54 , and the process will proceed to the step of block 56 in which the Form I-9 document will be printed and saved. The print process ends as depicted in block 58 , and the process returns to the display I-9 Administration Section of block 24 . If print is not selected in decision block 54 , then a user may select to go back to the previous screens, as depicted in block 60 . As depicted in block 62 , a user may selected go back to previous display screens to return to pull down an I-9 search and edit a document, by proceeding back to the step of the Display I-9 Administration Section depicted in block 24 .
  • the process will determine that cancel has been selected as shown by the step depicted in the decision block 72 .
  • the field data will be cleared from the various fields of the Form I-9 document as shown in the step depicted in block 74 , and the process will return to the task menu as depicted in the block 24 . If the save and return to the task menu is selected while the process is displaying a Form I-9 document on the view screen in the step depicted in block 28 , this will be detected in the step depicted in the decision block 76 .
  • the field data is saved in the step depicted in block 78 , and the process will proceed to the display task menu step of block 24 . If, when the Form I-9 document is displayed on the screen in the step depicted in block 28 , the save and add a new Form I-9 document is selected, field data for the particular document being displayed at the time of selection will be saved in the step depicted in block 82 . The fields will be reset and cleared in step depicted in block 84 , and the process will proceed to the step depicted in block 28 , in which a blank Form I-9 document will be displayed on the view screen.
  • FIG. 6 is a block diagram showing the process for searching for existing Form I-9 documents affiliated with a particular employer. From the display task menu step of block 24 , if the Existing I-9 Documents Search and Edit task is selected from the I-9 Administration Section of FIG. 1 , the process will proceed to the select task step depicted the block 92 . In the step depicted in block 94 , the various Form I-9 documents will be displayed in the search and edit screen. This is a tabular listing of each of the various ones listing identifying indicia, such as the employee name and other such information. In the step depicted in block 96 , all the Form I-9 documents associated with the user I.D. and action options will be listed.
  • the various action options available are preferably those listed in the Action Options menu 18 of FIG. 4 .
  • a particular action option is selected and performed by going to the respective steps selected in the process of the block diagram shown in FIGS. 5A and 5B . Then, the process will end in the step 100 and return to the step of displaying the I-9 Administration Section 22 of FIG. 1 .
  • FIG. 7 depicts a process flow for performing the compliance analysis, that is the run checks step for the blocks 38 and the block 46 of FIG. 5A .
  • the process proceeds to the block 102 , which depicts the step of loading field values into memory.
  • expected values are loaded into memory in the step depicted in the block 104 .
  • the block 106 the expected values loaded into block 104 and the field values loaded into block 102 , for a particular field, are compared to determine whether an error has occurred.
  • the process will return to the step in decision block 112 to determine whether to repeat the process depicted in the blocks 102 , 104 , 106 . If another field is not to be checked, then it will proceed to end step depicted in block 114 , and the process will then return back to the display screen shown in step 24 of FIG. 5A .
  • FIG. 8 is a block diagram depicting the various process steps for displaying alerts when particular document types are selected in the verification documents fields of a particular Form I-9 document.
  • a process will proceed to decision block 124 to determine if there is an alert for the particular document type selected in the pull down menu. If there is no alert, the process will proceed to the end step shown in block 130 , returning back to the display I-9 document screen, depicted in the block 28 in FIG. 5A . If there is an alert, the process will proceed to the step of displaying the alert, as depicted in the block 126 .
  • the alert is preferably displayed as a pop-up window which overlays the I-9 document screen.
  • the user may close the alert window, as depicted in block 128 . Then, the display alert process will end, as depicted in the block 130 , and the process will proceed back to the display I-9 screen, as depicted in block 28 of FIG. 5A .
  • the method of determining employer compliance with verification of employment eligibility of the present invention is performed, at least in part, in a data processing system.
  • the processing may be performed across a distributed network, such in a global computer network, or across telecommunication systems, with processing of various steps according to the method occurring for a particular document at remote locations.
  • a distributed network such in a global computer network, or across telecommunication systems
  • an employer could access a remote server through a global computer network or through a telecommunications system, log into the server and remotely process the employment verification of an employee at the remote server.
  • the employer may use a local data processing system to locally process the information to verify the identity and employment eligibility of the employee.
  • Employer and employee signatures may also be applied to an electronic document via an electronic or digital signatures, according to the present invention.
  • Various steps according to the method may also be processed in part manually by the employer verifying employment, and then the resulting data may be optically scanned into or manually entered from a paper for I-9 for electronic storage, such that a data processing system can perform the checks step of FIG. 7 to determine employer compliance with various Immigration and Naturalization Service regulations.
  • the process also preferably uses the Social Security Administration's Enumeration Verification Service (“EVS”) to verify the validity of a social security number presented by an employee for employment, and such other employee data which may be provided by the employee.
  • EVS Social Security Administration's Enumeration Verification Service
  • Other such employee date provided by and employee and entered into a data processing system according to the present invention may be compared to data listed for the employee on a remote server to audit the accuracy of the employee supplied data, such as with government databases, in addition to the Social Security Administration's EVS, credit bureaus, licensing and association databases, general databases, and the like.
  • Historical databases may also be used to audit old work address, business address, and such other employee provided information.
  • Tables are listed in the following to provide various examples of forms, rules and the like used with the present invention.
  • Table I lists one page of a Form I-9.
  • Table II lists acceptable documents for use for identification purposes with the Form I-9.
  • Table III lists the verification rules.
  • Table IV lists Alerts.
  • Table IV lists the TIPs.
  • AI - Status Category is missing 12 Attestation two or more are chosen DE - Section 1, Status Category -- Only one Status category is allowed AI - Only one Status category is allowed 13 Work Expiration Date is blank or invalid AND DE - Section 1, Authorized To Work “Authorized Alien” Until -- Authorized to work status must checked include a valid work expiration date AI - Work Expiration Date is missing 14 Work Expiration Date is not blank Tracking--will show up on Expiring Employment Documents Report 120 days prior to expiration 15 Alien/Admission # length is not 8 or 9 or 10 DE - Section 1, Alien/Admission or 11 AND “Authorized Number -- Alien Number must be 8 or 9 Alien” checked digits AI - Alien Number must be 8 or 9 digits 16 Alien #A length is not 8 or 9 AND DE - Section 1, Alien Number -- “Permanent Resident” Permanent Alien Number must be 8 or 9 checked digits AI - Permanent Alien Number must be 8 or 9 digits 17 Employee's Signature is not present DE
  • Section 1 is NOT choice 1, 2, or 3 DE - Section 2, List A Document Title -- Attestation and is “Citizen” List A Document Title given conflicts with citizenship status chosen in Section 1.
  • AI - Status of employee indicated in section 1 conflicts with documents presented in section 2.
  • the employee has indi 27 List A Title VS.
  • Section 1 is NOT choice 5 and is DE - Section 2, List A Document Title -- Attestation “Permanent Resident” List A Document Title given conflicts with permanent resident status chosen in Section 1.
  • AI - Status of employee indicated in section 1 conflicts with documents presented in section 2.
  • Section 1 is choice 1, 2, 3, or 5 and DE - Section 2, List A Document Title -- Attestation is “Authorized Alien” List A Document Title given conflicts with alien authorization status chosen in Section 1.
  • AI - Status of employee indicated in section 1 conflicts with documents presented in section 2.
  • the employee 29 List A Authority is blank DE - Section 2
  • List A Issuing Authority -- List A Issuing Authority needs to be completed AI - List A Issuing Authority is missing 30
  • List A first Document # is blank DE - Section 2
  • List A First Document Number -- List A first Document Number needs to be completed AI - List
  • a First Document Number is missing 31 List A first Expiration is blank AND NOT DE - Section 2, List A First Document Date VS.
  • List A first is choice 5 AND length is DE - Section 2, List A First Document Document # 10 or (starts with “A” and Number -- Alien Registration Number length is 9) or (starts must be 8 or 9 digits and start with an without “A” and length is ‘A’ 8) AI - List A First Document Number must be 8 or 9 digits for an Alien Registration Card 35 List A Title VS.
  • List A is choice 4 AND is blank DE - Section 2, List A Second second Document # Document Number -- List A second Document Number is required for a Foreign Passport AI - List A second Document Number is required for a Foreign Passport 36 List A second Expiration is not blank AND NOT Tracking--will show up on Expiring Date VS.
  • List A is choice 4 AND is blank DE - Section 2, List A Second second Expiration Date or invalid or N/A Document Expiration Date -- List A second Document Number Date is required for a Foreign Passport AI - List A second Document Number Date is required for a Foreign Passport 38 List A Title VS.
  • List A is choice 4 AND is prior DE - Section 2, List A Second second Expiration Date to current date Document Expiration Date -- List A second Document Number has expired AI - List A Second Document Number ( . . . title . . . ) has expired ( . . . date . . . ). Either update in Section 3 or complete a new I-9.
  • Section 1 is choice 4, 5, 7, or 8 and DE - Section 2, List A Document Title -- Attestation is “Authorized Alien” List A Document Title given conflicts with alien authorization status chosen in Section 1.
  • AI - Status of employee indicated in section 1 conflicts with documents presented in section 2.
  • the employee 46 List B Authority is blank DE - Section 2
  • List B Issuing Authority -- List B Issuing Authority not completed properly AI - List B Issuing Authority is missing 47
  • List B Document Number is blank DE - Section 2
  • List B Document Number -- List B Document Number not completed properly AI - List B Document Number is missing 48
  • List C Title is blank DE - Section 2
  • List C Document Title -- List C Document Title not completed properly AI - List C Document Title is missing 49 List C Title is “Other” DE - Section 2
  • List C Document Title -- List C Document Title is invalid AI - List C Document Title is invalid 50
  • List C Title is “US Social Security DE - Section 2
  • List C Document Title -- Card” Employer is responsible for verifying that Social Security cards
  • AI - (Standard 51 List C Title VS. Section 1 is choice 7 and is DE - Section 2 List C Document Title -- Attestation “Citizen” List C Document Title given conflicts with citizenship status chosen in Section 1.
  • AI - Status of employee indicated in section 1 conflicts with documents presented in section 2.
  • the employee has indic 52 List C Title VS.
  • Section 1 is NOT choice 1 or 7 and DE - Section 2, List C Document Title -- Attestation is “Permanent Resident” List C Document Title given conflicts with permanent resident status chosen in Section 1.
  • AI - Status of employee indicated in section 1 conflicts with documents presented in section 2.
  • Section 1 is NOT choice 1 or 7 and DE - Section 2, List C Document Title -- Attestation is “Authorized Alien” List C Document Title given conflicts with alien authorization status chosen in Section 1.
  • AI - Status of employee indicated in section 1 conflicts with documents presented in section 2.
  • the employee 54 List C Authority is blank DE - Section 2
  • List C Issuing Authority -- List C Issuing Authority not completed properly AI - List C Document Issuing Authority is missing 55
  • List C Document Number is blank DE - Section 2
  • List C Document Number -- List C Document Number not completed properly AI - List C Document Number is missing 56
  • List C Expiration Date is not blank AND is Tracking--will show up on Expiring VS.
  • List C Expiration Date is blank or invalid AND is DE - Section 2, List C Expiration Date -- VS.
  • Expiration Date is missing 58
  • List C Expiration Date is prior to current date DE - Section 2, List C Expiration Date -- VS.
  • 64 Completion Date is blank DE - Section 2
  • Employer Signature Date -- Document completed date is missing AI - Document Completion Date is missing
  • 65 Employment Date VS. is greater than 3 days DE - Section 2
  • Employer Signature Completion Date after Employment Date Date -- The date completed is more than 3 business days of when employee begins work. Verify dates on form. SC - This I-9 was not completed within 3 business days of when employee begins work 66 Completion Date VS.
  • First Reverification Document Number needs Reverification Expiration to be completed Date
  • AI - First Reverification Document Number is missing
  • First Reverification is choice 5 and length is DE - Section 3, First Reverification Document Title VS.
  • First 10 or starts with “A” and Document Number -- Alien Registration Reverification Number length is 9) or (starts Number must be 8 or 9 digits and start without “A” and length is with an ‘A’ 8)
  • AI - Reverification Document Number must be 8 or 9 digits for an Alien Registration Card
  • First Reverification is blank AND NOT DE - Section 3, First Reverification Expiration Date VS.
  • Second Reverification is blank AND (is supplied DE - Section 3, Second Reverification Document Title VS. OR is supplied) Document Title -- Second Reverification Second Reverification Document Title is Missing--If reverifying, Number VS. Second only an employee eligibility document Reverification Expiration from Section 2 List A or C is required Date AI - Second Reverification Document Title is Missing--If 83 Second Reverification is blank AND (is supplied DE - Section 3, Second Reverification Document Number VS. OR is supplied) Document Number, Second Title VS.
  • Second Reverification Document Number needs Reverification Expiration to be completed Date
  • AI - Second Reverification Document Number is missing 84
  • Second Reverification is blank AND is choice 7 DE - Section 3, Second Reverification Expiration Date VS.
  • Document Expiration Date, Second Second Reverification Reverification Document Expiration Title Date needs to be completed AI - Second Reverification Document ( . . . title . . . )
  • Expiration Date is missing 85 Second Reverification is prior to current date DE - Section 3, Second Reverification Expiration Date AND is choice 7 Document Expiration Date, Second Reverification Document Expiration Date has expired AI - Second Reverification Document ( . . . title . . . ) has expired ( . . . date . .
  • Second Reverification is not blank AND is Tracking--will show up on Expiring Expiration Date choice 7 Employment Documents Report 120 days prior to expiration 87 Second Reverification is prior to Rehire Date DE - Section 3, Second Reverification Expiration Date VS. Document Expiration Date -- Second Rehire Date Reverification document expired before reverification date AI - Second Reverification Document ( . . . title . . . ) expired ( . . . date . . . ) before Reverification Date ( . . . date . . .
  • section 2 expiration date has expired prior to Section 3 Section 2 List A Title expired before section 3 Completion Date--Verify dates on form.
  • completion date SC - This I-9 Section 3 was not completed prior to expiration of the original Sect 93 Rehire Date VS. Section is blank AND is NOT DE - Section 3, Authorized 3 Completion Date VS. blank AND is choice 7 Representative Signature Date -- The Section 2 List C AND section 2 expiration Section 2 List C Document Number has Expiration Date VS. date expired before expired prior to Section 3 Completion Section 2 List C Title section 3 completion Date--Verify dates on form. date SC - This I-9 Section 3 was not completed prior to expiration of the original Section 2 94 Rehire Date VS.
  • Section (is not blank OR is not DE - Section 3, Rehire Date -- Need a 3 Completion Date VS. blank) AND first list is Reverification Document from either first Reverification blank AND second list is list--Reverification document type Document List VS. blank should be a List A or C document only second Reverification because identity is established in Document List Section 2
  • Employee Terminated is checked DE - Employee terminated.
  • Employer must retain I-9 for 3 years from date of hire or one year from date of termination, whichever is greater.
  • AI - will no longer report on additional information requests.
  • Section 1 Preparer Address is blank Please refer to the associated Tip in regards to filling out this section.
  • Section 1 Preparer Date is blank Please refer to the associated Tip in regards to filling out this section.
  • 13 Section 3 New Name is not blank Use of the name change field is typically used for a name change only. No other portion of Section 3 needs to be completed unless the employees identity must be reestablished or in the case of rehire.
  • 14 Section 2 List A Title is a “Foreign Passport with For Foreign Passport verification, please list I-94 Card” choice and List the Foreign Passport details first. A Issuing Authority is not Additionally, the I-94 Card may not be “Foreign Passport” valid for employment. If valid for employment, employee status may be extended 240 days with a timely filed application for extension.
  • the I-94 Card may not be valid for employment. If valid for employment, employee status may be extended 240 days with a timely filed application for extension. 18 Section 2, List A Title is a “Foreign Passport with For Foreign Passport verification, please list IAP-66 Card” choice the Foreign Passport details first. J (Exchange Visitors) students should present in section A a combination of an unexpired Foreign passport, an unexpired I-94 card reflecting J-1 classification and an unexpired Form IAP-66.
  • the IAP-66 and the I-94 may both bear expiration dates (D/S refers to the duration of time necessary to complete the approved exchange program). Record here at second expiration date field the IAP-66 expiration date. (This date will be tracked).
  • First Document is a “Foreign Passport with For Foreign Passport verification, please list Title IAP-66 Card” choice the IAP-66 details in section C.
  • J (Exchange Visitors) students should present in a combination of an unexpired Foreign passport, an unexpired I-94 card reflecting J-1 classification and an unexpired Form IAP-66.
  • the IAP-66 and the I-94 may both bear expiration dates (D/S refers to the duration of time necessary to complete the approved exchange program). Record here in expiration date field the IAP-66 expiration date. (This date will be tracked).
  • the I-94 card is usually marked with D/S (Duration of status). Record here at second expiration date field the IAP-66 endorsement expiration date (work authorization rarely corresponds with duration of I-20 except for on campus employment). This date will be tracked. Employers should record the I-94 admission number in writing on the I-9 form in sect A. 21 Section 3, First Document is a “Foreign Passport with For Foreign Passport verification, please list Title I-20a/b Card” choice the I-20a/b details in section C.
  • F Universal or college students should present a combination of an unexpired foreign passport, an unexpired 1-94 card reflecting F-1 or M-1 classification and an unexpired I-20ab document (D/S refers to period of time necessary to complete approved academic or training program).
  • the I-20ab should be endorsed for the employment by the designated school official and include a period of time during which the employment may take place bear a work authorization expiration date.
  • the I-94 card is usually marked with D/S (Duration of status). Record here in expiration date field the IAP-66 endorsement expiration date (work authorization rarely corresponds with duration of I-20 except for on campus employment). This date will be tracked.
  • Employers should record the I-94 admission number in writing on the I-9 form in sect C.
  • Section 1 Last Name value In section 1, ensure that the individual hired or recruited or referred for a fee provides his or her printed name. Failure to do so is a substantive verification failure. (See Memorandum, Mar. 6, 1997; Interim Guidelines: Section 274A(b)(6) of the Immigration and Nationality Act Added by Section 411 of the Illegal Immigration Reform & Immigrant Responsibility Act of 1996) Go to www.lookoutservices.net/legal memorandum and resources. 2 Section 1, First name In section 1, ensure that the individual hired or recruited or referred for a fee provides his or her printed name. Failure to do so is a substantive verification failure. (See Memorandum, Mar.
  • Section 1 Maiden Name In section 1, ensure that the individual hired or recruited or referred for a fee provides his or her printed name. Failure to do so is a substantive verification failure. (See Memorandum, Mar. 6, 1997; Interim Guidelines: Section 274A(b)(6) of the Immigration and Nationality Act Added by Section 411 of the Illegal Immigration Reform & Immigrant Responsibility Act of 1996) Go to www.lookoutservices.net/legal memorandum and resources.

Abstract

A method is provided for determining employer compliance in determining employment eligibility requirements in accordance with federal immigration regulations. Compliance alerts and compliance tips are displayed for guiding employers in verifying employment eligibility. Completed employment eligibility forms are automatically audited to analyze whether the employer has accurately completed the employment verification. The completed forms are audited by applying various compliance rules to a completed employment eligibility form, presently a Form I-9, to determine compliance with the applicable regulations. A listing is provided of various errors and additional data required to complete the audited form. The method is preferably administered by a single service provider for multiple employers, to assure that changes in the applicable regulations are regularly incorporated. A central system is provided for managing all of the employment eligibility forms associated with particular employers, to assure continued compliance with federal regulations.

Description

    CROSS-REFERENCE TO RELATED APPLICATIONS
  • This patent application is a continuation application of commonly owned U.S. patent application Ser. No. 10/779,274, filed Feb. 13, 2004, entitled “Method for Complying with Employment Eligibility Verification Requirements,” by Elaine V. Morley and John T. Andersen, which claims priority to commonly owned U.S. patent application Ser. No. 09/918,092, filed Jul. 30, 2001, entitled “Method for Complying with Employment Eligibility Verification Requirements,” by Elaine V. Morley and John T. Andersen, which itself claims priority to commonly owned U.S. Provisional Patent Application Ser. No. 60/222,117, filed Jul. 28, 2000, entitled “Method for Reviewing Compliance With Employer Eligibility Verification Requirements,” by Elaine V. Morley, all of the above disclosures of which are incorporated herein by reference in their entirety for all purposes.
  • TECHNICAL FIELD OF THE INVENTION
  • This invention relates to methods for data entry and verifying that data is correctly entered, and, in particular, to a method for assuring employer compliance with employee employment eligibility verification requirements.
  • BACKGROUND OF THE INVENTION
  • The U.S. Department of Justice, Immigration and Naturalization Service, administers federal statutory requirements and regulations which require that employers verify that any persons hired as employees or to perform services, that its workers are eligible to work in the United States. Presently, to assure that employers adequately verify eligibility to work in the United States, federal regulations require that employers complete a U.S. Department of Justice, Immigration and Naturalization Service, Form I-9 document. Completion of the Form I-9 requires that employers inspect various ones of specified documents, which requires that employers review originals of the documents and not reproductions of the documents, to determine the employee's eligibility to work in the United States. If an employer does not perform the procedure outlined in the Form I-9, and accurately complete the Form I-9, such employer is subject to civil penalties and persons completing such forms on behalf of the employer may also be subject to criminal penalties for not complying with the eligibility verification requirements under United States immigration law.
  • Accurately verifying employment eligibility and successfully completing the U.S. Department of Justice, Immigration and Naturalization Service's Form I-9 to verify employment eligibility requires that each employer train at least one person who develops the requisite expertise and familiarity with verification requirements to accurately complete such forms. Employers will also have to monitor previously completed Form I-9's to determine that new Form I-9's are completed prior to expiration the documents used to verify the employees' eligibility to work in the United States. Industry wide, across the United States, this creates a large financial burden for various companies to adequately assure that their personnel are appropriately trained to meet and maintain such compliance requirements, and often, once trained, such trained persons are subject to turnover. Additionally, as employment eligibility requirements change, such persons will have to keep current on any regulatory changes and implement any changes in regulatory requirements into the employment eligibility program of each particular employer in the United States.
  • SUMMARY OF THE INVENTION
  • A method is provided for assuring employer compliance with verifying employment eligibility in the United States, which aids employers in assuring compliance with federal regulations. An employer may utilize the method of the present invention by accessing a software program over a global computer network, through telecommunications systems, or by obtaining and loading the appropriate software in a local computer on his job site. Compliance alerts and compliance tips are displayed for guiding an employer in completing the Form I-9. The compliance tips may be selected and modified by a particular employer. After a Form I-9 is completed, the data in such forms may be automatically audited to analyze whether the completed Form I-9 has been accurately completed, and a listing provided of various errors and additional data required. During the audit, various compliance rules are applied to Form I-9 data entered into a data processing system to determine whether various Immigration and Naturalization Service regulations are met in completing an employment eligibility verification Form I-9. The method is administered by a singular service provider for multiple employers, to assure that applicable regulations are incorporated and updated regularly to assure industry-wide compliance. The process further provides a central system for managing the current Form I-9's for employers, including identifying documents which are soon to expire such that the employers can be notified to complete a new employment eligibility Form I-9 prior to the expiration of such documents, which assures continued compliance with federal regulations.
  • BRIEF DESCRIPTION OF THE DRAWINGS
  • For a more complete understanding of the present invention and the advantages thereof, reference is now made to the following description taken in conjunction with the accompanying Drawings in which:
  • FIG. 1 is a view screen display of an I-9 Administration Section, showing various tasks for use in a process according to the present invention;
  • FIG. 2 is a view screen display of a Reporting Section, showing various report options which are available according to the process;
  • FIG. 3 is a view screen display of an Utilities Section, showing various administrative tasks for managing administration of and access to the process;
  • FIG. 4 is a view screen display of Action Options which may be performed in working with a particular Form I-9 document, or a group of documents;
  • FIGS. 5A and 5B together provide a flow chart showing operation of the process;
  • FIG. 6 is a block diagram showing a process for searching for an existing Form I-9 document among various documents affiliated with a particular employer;
  • FIG. 7 is a flow chart showing a process for performing a compliance analysis, to determine whether an employment eligibility verification form has been accurately completed; and
  • FIG. 8 is a flow chart showing various process steps for displaying alerts when document types are selected as verification documents for use in a particular I-9 document.
  • DETAILED DESCRIPTION OF THE INVENTION
  • FIG. 1 is a view screen display of an I-9 Administration Section listing 12 for use in verifying employment eligibility of a potential employee according to the present invention. The I-9 Administration Section 12 lists several options for initiating various tasks. The first listed task is entitled “Audit A New I-9 Document.” The Audit task allows a user to import data from an existing Form I-9 document, and then to perform a compliance rules analysis on the data of the existing Form I-9 document to determine whether the existing Form I-9 document was correctly completed. Such data for auditing may be imported from another type of database, manually entered into the system, or optically scanned from previously completed Form I-9 documents. The next listed task in the I-9 Administration Section 12 is entitled “Add A New I-9 Document.” The Add task allows a user to initiate the pulling up of a blank Form I-9, in which data can be filled into the various fields. The I-9 Administration Section 12 further includes a task listing entitled “Existing I-9 Documents Search And Edit” task, by which all of the existing Form I-9 documents associated with a particular employer are listed for selection by a user for editing. The user may then look through the listing to select a particular Form I-9 document and select various Action Options, such as performing the compliance rules analysis in a recalculate analysis, printing, auditing, editing or deleting. The last listed task in the I-9 Administration Section 12 is the Individual I-9 Document Search and Edit. The Individual I-9 Document task allows a user to search for an existing Form I-9 document for a particular employee, by searching for such employee fields as first name, last name, date of birth, social security number, and other such employee identifying numbers.
  • FIG. 2 is a view screen display of a Reporting Section 14, from which various reports may be selected for review by a user. The first listed report is an Additional Information Needed Report, which lists various data needed to complete the Form I-9's associated with a particular employer as identified by performing the compliance rules analysis on the Form I-9 documents associated with a particular employer. Preferably, the Additional Information Needed Report will not list incurable defects in the Form I-9's being analyzed, but will only this those defects in the documents which may be cured. Such curable defects will include various incompatible and missing data entries listed in Form I-9 documents associated with the particular employer. The Additional Information Needed Report may also identify both blank fields and inconsistent entries, such as the selection of incompatible document types or the entry of incompatible dates, which cannot be correct.
  • The next listing in the Reports Screen of FIG. 2 is Data Entry Audit Report, which provides a report of when various Form I-9's are completed for review by an employer. Typically, the employer will list a range of dates from which the report is created. The Data Entry Audit Report will then provide a listing of the Form I-9's which were completed during the selected range of dates, preferably providing the listing in tabular form and including the for each listed Form I-9 the employee's name, social security number, date of hire, work location, and the like. From this listing, employer's may determine if a sufficient number of Form I-9's have been completed to accommodate the amount of persons hired by the employer over selected range of dates.
  • The next listing in the Reporting Section 14 is a Statement of I-9 Completion Report. This report lists for the various Form I-9 documents associated with a particular employer both the documents which are completed, and the documents which are completed except for incurable defects. The Statement of I-9 Completion Report will not list those documents which have curable defects, which should be listed in the Additional Information Needed Report. Similarly, the Additional Information Needed Report will not list those documents which are listed in the Statement of I-9 Completion Report as being either fully complete Form I-9's, or fully complete Form I-9's except for incurable defects.
  • Presently, there are four incurable defects which, if corrected on a Form I-9, would constitute fraud and subject the responsible employer and any person making such changes on that employer's behalf to criminal liability. One of the four incurable defects is failure of an employer to require a newly hired employee to complete all or any portion of Section 1 of a Form I-9 no later than on the date on which that employee's employment services for that employer commence. A second one of the four incurable defects is failure of an employer to reverify Form I-9 Section 1 or Section 2 expiration date, if such date requires reverification, no later than the date on which the document to which such date relates expires. A third incurable defect is failure of an employer to complete Section 2 of the Form I-9 within three (3) days of the employee's employment start date, which could be significantly later than the date on which the employment was offered and accepted and which was the first opportunity under law to complete the Form I-9 without possible consequences for discriminatory treatment. A fourth incurable defect is failure of an employer, when rehiring a former employee, to update Section 3 of the Form I-9 that remains on file for that employee, subject to the retention requirement. Each of the above-noted four defects are incurable because they are date sensitive and it would be fraudulent for a person to place a different date on a Form I-9 than that on which the pertinent Form I-9 section has actually been completed.
  • The next report listed in the Reporting Section 14 is a Combined Audit Report, which is preferably a combination of the Additional Information Needed Report and the Statement of I-9 Completion Report. The Combined Audit Report lists all of the Form I-9's associated with a particular employer, which includes the Form I-9's which are fully complete, the Form I-9's which have curable defects and the Form I-9's which have incurable defects. The Combined Audit Report will also identify the employee of the listed Form I-9, and the particular defects associated with various ones of the listed Form I-9s.
  • The next report in Reporting Section 14 is an Expiring Employment Documents Report. This report identifies various documents which are expiring on particular dates which are associated with a particular employer. This report may be run according to a selected range of dates, such that an employer may begin processing the required updates for the pertinent Form I-9's prior to the actual dates of expiration of the documents. Should a document used in Section 2 of the Form I-9 expire prior to updating of the pertinent Form I-9, this would create an incurable defect for that particular Form I-9, subjecting the employer to potential liability.
  • The next report is an Invoice Report, which lists the various invoice balances a particular employer has on account with a particular compliance analysis service provider providing the services of to the present invention to that employer. The next report listed in the Reporting Section 14 is a Recalculate Statement of I-9 Completion Report, which will perform the compliance rules analysis by running checks for each Form I-9 associated with a particular employer to provide an error listing in a Statement of I-9 Completion Report for the various documents.
  • FIG. 3 is a view screen listing of a Utilities Section 16, listing various options for performing administrative tasks. The first menu listing is entitled “Add A New Company.” The next listing is entitled “Company Data Search & Edit,” in which data associated with a particular employer may be searched and edited. The next listing in the Utilities Section 16 is entitled “Administer Logon ID's.” This task is used for changing various logon ID's and passwords for particular employees of an employer who are performing the administrative tasks for the present method. The next listed task is entitled “Login Notices Administration,” which allows the service provider to post various notices regarding processing of the Form I-9's, such as changes in immigration regulations which are not yet incorporated into the rules used for compliance analysis. The Login Notices may also post for viewing special notices issued by the Immigration and Naturalization Services affecting a particular group of foreign nationals, and the like. Preferably, such Login Notices will be provided by a pop-up window which appears when a user logs into the system. The next listing is entitled “I-9 TIPS Administration,” which allows a particular employer to modify the TIPS for display to their associated users who are entering data into a Form I-9.
  • FIG. 4 is a view screen listing of Action Options 18, which are various actions which may be taken when reviewing a particular Form I-9 document. The first is listed action is entitled “Edit,” and allows a user to go back into the selected document to edit the document. Preferably, the document is displayed and the user is allowed access to the various individual fields by selecting a particular field viewed on the screen with a graphical user interface. The next action listed in the Action Options Menu 18 is entitled, “Audit.” The Audit feature displays the compliance rules analysis report for a particular selected Form I-9 document, without displaying any alerts or TIPS. The Audit feature may be used to generate a Statement of I-9 Completion Report for particular documents, or for a group of documents of an associated employer. The next action option is entitled “View Print Screen,” and primarily displays the Form I-9 documents in a fixed graphical format, as it will be printed if printing is selected when the View Print Screen option is displayed. The next listed option in the Action Options Menu 18 is entitled “Service Charges,” and provides a display of the various service charges due by the employer affiliated with the user I.D. currently accessing the system. The next option is entitled “Delete,” and may be used to delete the field data of a particular Form I-9 document. The next option in the Action Options Menu 18 is entitled “Display Additional Information Needed Report,” which provides a display listing of additional data required to complete the selected documents associated with the particular employer. The next option in the Action Options Menu 18 is entitled “Recalculate Analysis,” and recalculates the audit report of the compliance analysis for a group of particular selected documents. This option, as opposed to the audit option, would recalculate the analysis from a group of selected documents by running checks in I-9's. The audit feature will only recalculate the checks analysis for a particular document.
  • FIG. 5A and FIG. 5B together provide a flow chart showing a method for verifying employment eligibility of employees according to the present invention. The flowchart begins at block 20, after the employee has completed and signed Section 1 of a Form I-9 and the employer is beginning to complete Section 2 of the Form I-9. The first step in the process is the step of selecting documents from a list of acceptable documents, shown in block 20. After selection of acceptable documents, the employer must personally review originals of the acceptable documents, and not copies, in the step shown in block 22. In block 24, a display Task Menu Screen step is depicted, in which preferably a combined menu listing of the I-9 Administration Section 12 of FIG. 1, the Reporting Section 14 of FIG. 2, and the Utilities Section 16 of FIG. 3 are displayed on a single view screen. The next step is to select a task, with the selected task being shown in FIG. 5A as Add A New I-9 Document, which is depicted in block 26. In block 28, the Form I-9 document is displayed on a view screen. If Add A New I-9 Document is selected in I-9 Administration Section 12, the display I-9 document step of block 28 will display an Form I-9 document with all the fields blank, that is, a blank document will be displayed. If Edit An Existing Document is selected, the display I-9 document screen in block 28 will display an existing document, with data for the various fields displayed in the Form I-9 document. Next, a user will select a data entry field and the computer will determine whether the field has been selected in decision block 30. When a field is selected in block 32, the display TIPS step is performed. If there are any TIPS for display with the associated field, such TIPS will be displayed on the view screen in a pop-up window. In block 34, the data will be entered by the user and stored in a database for the Form I-9, and then the new entered data is displayed in the Form I-9 document screen 28. The process returns to the select field decision block 30, and if a new field is selected, the display TIPS step 32 and enter data step 34 are performed. The process will return to the display Form I-9 document screen shown in block 28 and wait until a new field is selected for data entry. New fields may be selected by hitting the Enter key without changing the data listings in a particular field.
  • Next, the process will proceed to the step depicted in block 36 if anew field is not selected. Block 36 is a run checks decision block which determines whether run checks has been selected by requesting an audit or perform compliance analysis task. From the run checks decision block 36, the process proceeds to block 38 to apply various Form I-9 document rules will be applied to the various data fields to perform the compliance rules analysis. The rules for compliance analysis are set forth in Table III. If any errors are detected in the decision block 40 after the compliance analysis is complete for the particular Form I-9, an error list of various errors compiled will be displayed in block 42. If not, the process will return back to the display Form I-9 screen of block 28. If errors are displayed in block 42, they will preferably be displayed in a pop-up window which is overlaid with the display Form I-9 document screen of block 28.
  • If the option of save and print a particular Form I-9 is selected, as determined in decision block 44, the process proceeds to perform for the compliance analysis step depicted in block 46. The compliance analysis step of block 46 is the same as the compliance analysis step depicted in block 38, and is performed as a final check prior to printing. If errors are detected as shown in block 48, then the a display error list report 50 will be performed and the listing of errors will be displayed in a window which pops up to overlay the display I-9 document screen of block 28. At this point, an option is provided to cancel printing and stay in the display I-9 screen so that the user may correct the errors, and an option is also provided to disregard the errors and proceed to the display print window step of block 52 to print the Form I-9. If no errors are detected in decision block 48, the process will proceed to the display print window step depicted in block 52. Reminder messages preferably appear, such as a reminder that the user should review an employee's original documents in completing the Form I-9. Then, a user may select to print the Form I-9 document in block 54, and the process will proceed to the step of block 56 in which the Form I-9 document will be printed and saved. The print process ends as depicted in block 58, and the process returns to the display I-9 Administration Section of block 24. If print is not selected in decision block 54, then a user may select to go back to the previous screens, as depicted in block 60. As depicted in block 62, a user may selected go back to previous display screens to return to pull down an I-9 search and edit a document, by proceeding back to the step of the Display I-9 Administration Section depicted in block 24.
  • If an Form I-9 document is being displayed on a view screen in the step depicted in the block 28, and cancel is selected, then the process will determine that cancel has been selected as shown by the step depicted in the decision block 72. The field data will be cleared from the various fields of the Form I-9 document as shown in the step depicted in block 74, and the process will return to the task menu as depicted in the block 24. If the save and return to the task menu is selected while the process is displaying a Form I-9 document on the view screen in the step depicted in block 28, this will be detected in the step depicted in the decision block 76. The field data is saved in the step depicted in block 78, and the process will proceed to the display task menu step of block 24. If, when the Form I-9 document is displayed on the screen in the step depicted in block 28, the save and add a new Form I-9 document is selected, field data for the particular document being displayed at the time of selection will be saved in the step depicted in block 82. The fields will be reset and cleared in step depicted in block 84, and the process will proceed to the step depicted in block 28, in which a blank Form I-9 document will be displayed on the view screen.
  • FIG. 6 is a block diagram showing the process for searching for existing Form I-9 documents affiliated with a particular employer. From the display task menu step of block 24, if the Existing I-9 Documents Search and Edit task is selected from the I-9 Administration Section of FIG. 1, the process will proceed to the select task step depicted the block 92. In the step depicted in block 94, the various Form I-9 documents will be displayed in the search and edit screen. This is a tabular listing of each of the various ones listing identifying indicia, such as the employee name and other such information. In the step depicted in block 96, all the Form I-9 documents associated with the user I.D. and action options will be listed. The various action options available are preferably those listed in the Action Options menu 18 of FIG. 4. In the step depicted in block 98, a particular action option is selected and performed by going to the respective steps selected in the process of the block diagram shown in FIGS. 5A and 5B. Then, the process will end in the step 100 and return to the step of displaying the I-9 Administration Section 22 of FIG. 1.
  • FIG. 7 depicts a process flow for performing the compliance analysis, that is the run checks step for the blocks 38 and the block 46 of FIG. 5A. Once the run checks feature is selected to determine the compliance analysis report, the process proceeds to the block 102, which depicts the step of loading field values into memory. Then, expected values are loaded into memory in the step depicted in the block 104. In the block 106, the expected values loaded into block 104 and the field values loaded into block 102, for a particular field, are compared to determine whether an error has occurred. If an error has occurred, the expected field values will not match or equal the loaded field values, and a generate error step will be performed as depicted in the block 108, The error listing will be added to an error list in the block 110. Then, the process will return to the step in decision block 112 to determine whether to repeat the process depicted in the blocks 102, 104, 106. If another field is not to be checked, then it will proceed to end step depicted in block 114, and the process will then return back to the display screen shown in step 24 of FIG. 5A.
  • FIG. 8 is a block diagram depicting the various process steps for displaying alerts when particular document types are selected in the verification documents fields of a particular Form I-9 document. When a select document type filed is selected as depicted in block 122, a process will proceed to decision block 124 to determine if there is an alert for the particular document type selected in the pull down menu. If there is no alert, the process will proceed to the end step shown in block 130, returning back to the display I-9 document screen, depicted in the block 28 in FIG. 5A. If there is an alert, the process will proceed to the step of displaying the alert, as depicted in the block 126. The alert is preferably displayed as a pop-up window which overlays the I-9 document screen. Once the alert has been viewed, the user may close the alert window, as depicted in block 128. Then, the display alert process will end, as depicted in the block 130, and the process will proceed back to the display I-9 screen, as depicted in block 28 of FIG. 5A.
  • The method of determining employer compliance with verification of employment eligibility of the present invention is performed, at least in part, in a data processing system. The processing may be performed across a distributed network, such in a global computer network, or across telecommunication systems, with processing of various steps according to the method occurring for a particular document at remote locations. For example, an employer could access a remote server through a global computer network or through a telecommunications system, log into the server and remotely process the employment verification of an employee at the remote server. Similarly, the employer may use a local data processing system to locally process the information to verify the identity and employment eligibility of the employee. Employer and employee signatures may also be applied to an electronic document via an electronic or digital signatures, according to the present invention. Various steps according to the method may also be processed in part manually by the employer verifying employment, and then the resulting data may be optically scanned into or manually entered from a paper for I-9 for electronic storage, such that a data processing system can perform the checks step of FIG. 7 to determine employer compliance with various Immigration and Naturalization Service regulations.
  • The process also preferably uses the Social Security Administration's Enumeration Verification Service (“EVS”) to verify the validity of a social security number presented by an employee for employment, and such other employee data which may be provided by the employee. Other such employee date provided by and employee and entered into a data processing system according to the present invention may be compared to data listed for the employee on a remote server to audit the accuracy of the employee supplied data, such as with government databases, in addition to the Social Security Administration's EVS, credit bureaus, licensing and association databases, general databases, and the like. Historical databases may also be used to audit old work address, business address, and such other employee provided information.
  • Tables are listed in the following to provide various examples of forms, rules and the like used with the present invention. Table I lists one page of a Form I-9. Table II lists acceptable documents for use for identification purposes with the Form I-9. Table III lists the verification rules. Table IV lists Alerts. Table IV lists the TIPs.
  • Although the preferred embodiment has been described in detail, it should be understood that various changes, substitutions and alterations can be made therein without departing from the spirit and scope of the invention as defined by the appended claims.
  • TABLE II
    LISTING OF ACCEPTABLE DOCUMENTS
    LISTS OF ACCEPTABLE DOCUMENTS
    LIST A
    Documents that Establish Both LIST B LIST C
    Identity and Employment Documents that Establish Documents that Establish
    Eligibility OR Identity AND Employment Eligibility
    1. U.S. Passport (unexpired or 1. Driver's license or ID card 1. U.S. social security card issued
    expired) issued by a state or outlying by the Social Security
    2. Certificate of U.S. Citizenship possession of the United States Administration (other than a
    (INS Form N-560 or N-561) provided it contains a card stating it is not valid for
    3. Certificate of Naturalization photograph or information such employment)
    (INS Form N-550 or N-570) as name, date of birth, sex, 2. Certification of Birth Abroad
    4. Unexpired foreign passport, height, eye color and address issued by the Department of
    with I-551 stamp or attached 2. ID card issued by federal, state State (Form FS-545 or Form
    INS Form I-94 indicating or local government agencies or DS-1350)
    unexpired employment entities, provided it contains a 3. Original or certified copy of a
    authorization photograph or information such birth certificate issued by a
    5. Alien Registration Receipt Card as name, date of birth, sex, state, county, municipal
    with photograph (INS Form height, eye color and address authority or outlying
    I-151 or I-551) 3. School ID card with a possession of the United
    6. Unexpired Temporary photograph States bearing an official seal
    Card (INS Form I-688) 4. Voter's registration card 4. Native American tribal document
    7. Unexpired Employment 5. U.S. Military card or draft record 5. U.S. Citizen ID Card (INS Form
    Authorization Card (INS Form 6. Military dependent's ID card I-197)
    I-688A) 7. U.S. Coast-Guard Merchant 6. ID Card for use of Resident
    8. Unexpired Reentry Permit (INS Mariner Card Citizen in the United States
    Form I-327) 8. Native American tribal document (INS Form I-179)
    9. Unexpired Refugee Travel 9. Driver's license issued by a 7. Unexpired employment
    Document (INS Form I-571) Canadian government authority authorization document issued
    10. Unexpired Employment For persons under age 18 who by the INS (other then those
    Authorization Document issued are unable to present a listed under List A)
    by the INS which contains a document listed above:
    photograph (INS Form I-688B) 10. School record or report card
    11. Clinic, doctor or hospital record
    12. Day-care or nursery school
    record
    Illustrations of many of these documents appear in Part 8 of the Handbook for Employers (M-274)
  • TABLE III
    RULES FOR COMPLIANCE ANALYSIS
    I-9 Verification ??
    Message (DE = Data Entry, AI =
    Additional Information, SC =
    Field Condition Statement of Completion)
    1 Last Name is blank DE - Section 1, Last Name -- Last name
    field is blank
    AI - Employee Last Name is missing
    2 First Name is blank DE - Section 1, First Name -- First name
    field is blank
    AI - Employee First Name is missing
    3 Middle Initial no verification
    4 Maiden Name no verification
    5 Address is blank DE - Section 1, Address -- Address field
    is blank
    AI - Address Line is missing
    6 Apt. # no verification
    7 City is blank DE - Section 1, City -- City field is blank
    AI - City is missing
    8 State is blank DE - Section 1, State -- State field is
    blank
    AI - State is missing
    9 Zip is blank DE - Section 1, Zip Code -- Zip code
    field is blank
    AI - Zip Code is missing
    10 Date of Birth is blank or invalid DE - Section 1, Date of Birth -- Date of
    Birth is Invalid
    AI - Date of Birth is missing
    11 Attestation is blank DE - Section 1, Status Category --
    Employer must ensure that employee
    completes Section 1. Do not continue
    to Section 2 until employee completes
    Section 1. Otherwise, the INS may infer
    that a violation has occurred.
    AI - Status Category is missing
    12 Attestation two or more are chosen DE - Section 1, Status Category -- Only
    one Status category is allowed
    AI - Only one Status category is allowed
    13 Work Expiration Date is blank or invalid AND DE - Section 1, Authorized To Work
    “Authorized Alien” Until -- Authorized to work status must
    checked include a valid work expiration date
    AI - Work Expiration Date is missing
    14 Work Expiration Date is not blank Tracking--will show up on Expiring
    Employment Documents Report 120
    days prior to expiration
    15 Alien/Admission # length is not 8 or 9 or 10 DE - Section 1, Alien/Admission
    or 11 AND “Authorized Number -- Alien Number must be 8 or 9
    Alien” checked digits
    AI - Alien Number must be 8 or 9 digits
    16 Alien #A length is not 8 or 9 AND DE - Section 1, Alien Number --
    “Permanent Resident” Permanent Alien Number must be 8 or 9
    checked digits
    AI - Permanent Alien Number must be 8
    or 9 digits
    17 Employee's Signature is not present DE - Section 1, Employee Signature --
    Employee signature is missing
    AI - Employee signature is missing
    18 Employee Signature is blank or invalid DE - Section 1, Employee Signature
    Date Date -- Employee signature date is
    missing
    AI - Employee Signature Date missing
    19 Employee Signature is greater than Work DE - Section 1, Authorized To Work
    Date vs Work Expiration Expiration Date Until -- Work Expiration Date must not
    Date be expired at the time employee signs
    Section 1
    AI - Work Expiration Date was expired
    at the time employee signed Section 1
    20 Preparer's Signature no verification
    21 Preparer's Name no verification
    22 Preparer's Address no verification
    23 Preparer's Signature no verification
    Date
    24 List A Title is blank DE - Section 2, List A Document Title --
    List A Document Title needs to be
    completed
    AI - List A Title is missing
    25 List A Title is “Other” DE - Section 2, List A Document Title --
    List A Document Title is invalid
    AI - List A Title is invalid
    26 List A Title VS. Section 1 is NOT choice 1, 2, or 3 DE - Section 2, List A Document Title --
    Attestation and is “Citizen” List A Document Title given conflicts
    with citizenship status chosen in Section
    1.
    AI - Status of employee indicated in
    section 1 conflicts with documents
    presented in section 2. In Section 1 the
    employee has indi
    27 List A Title VS. Section 1 is NOT choice 5 and is DE - Section 2, List A Document Title --
    Attestation “Permanent Resident” List A Document Title given conflicts
    with permanent resident status chosen
    in Section 1.
    AI - Status of employee indicated in
    section 1 conflicts with documents
    presented in section 2. In Section 1 the
    employee h
    28 List A Title VS. Section 1 is choice 1, 2, 3, or 5 and DE - Section 2, List A Document Title --
    Attestation is “Authorized Alien” List A Document Title given conflicts
    with alien authorization status chosen in
    Section 1.
    AI - Status of employee indicated in
    section 1 conflicts with documents
    presented in section 2. In Section 1 the
    employee
    29 List A Authority is blank DE - Section 2, List A Issuing Authority --
    List A Issuing Authority needs to be
    completed
    AI - List A Issuing Authority is missing
    30 List A first Document # is blank DE - Section 2, List A First Document
    Number -- List A first Document Number
    needs to be completed
    AI - List A First Document Number is
    missing
    31 List A first Expiration is blank AND NOT DE - Section 2, List A First Document
    Date VS. List A Title choices 1, 2, 3, or 5 Expiration Date -- List A first Document
    Expiration Date needs to be
    completed AI - List A First Document
    ( . . . title . . . ) Expiration Date is missing
    32 List A first Expiration is blank AND is choice 5 DE - Section 2, List A First Document
    Date VS. List A Title VS. AND NOT overridden Expiration Date -- List A first Document
    Override Expiration Expiration Date needs to be
    completed AI - List A First Document
    ( . . . title . . . ) Expiration Date is missing
    33 List A first Expiration is not blank AND NOT Tracking--will show up on Expiring
    Date choices 1, 2, 3, or 5 Employment Documents Report 120
    days prior to expiration
    34 List A Title VS. List A first is choice 5 AND length is DE - Section 2, List A First Document
    Document # 10 or (starts with “A” and Number -- Alien Registration Number
    length is 9) or (starts must be 8 or 9 digits and start with an
    without “A” and length is ‘A’
    8) AI - List A First Document Number must
    be 8 or 9 digits for an Alien Registration
    Card
    35 List A Title VS. List A is choice 4 AND is blank DE - Section 2, List A Second
    second Document # Document Number -- List A second
    Document Number is required for a
    Foreign Passport
    AI - List A second Document Number is
    required for a Foreign Passport
    36 List A second Expiration is not blank AND NOT Tracking--will show up on Expiring
    Date VS. List A Title choices 1, 2, 3, or 5 Employment Documents Report 120
    days prior to expiration
    37 List A Title VS. List A is choice 4 AND is blank DE - Section 2, List A Second
    second Expiration Date or invalid or N/A Document Expiration Date -- List A
    second Document Number Date is
    required for a Foreign Passport
    AI - List A second Document Number
    Date is required for a Foreign Passport
    38 List A Title VS. List A is choice 4 AND is prior DE - Section 2, List A Second
    second Expiration Date to current date Document Expiration Date -- List A
    second Document Number has
    expired AI - List A Second Document
    Number ( . . . title . . . ) has expired ( . . . date . . . ).
    Either update in Section 3 or complete a
    new I-9.
    39 List A first Expiration is prior to current date DE - Section 2, List A First Document
    Date VS. List A Title VS. AND is NOT choices 1, 2, Expiration Date -- List A first Document
    First Reverification 3, or 5 AND is NOT Number has expired AI - List A First
    Document Title updated Document Number ( . . . title . . . ) has expired
    ( . . . date . . . ). Either update in Section 3 or
    complete a new I-9.
    40 List A VS. List B VS. List A all blanks OR (List DE - Section 2, List A, B, and C -- No
    List C B all blanks AND List C employment verification information was
    all blanks) provided. Either List A or BOTH List B
    and List C must be completed
    AI - No employment verification
    information was provided. Need either
    List A or BOTH List B and List C
    41 List A VS. List B VS. List A NOT all blanks DE - Section 2, List A, B, and C -- Too
    List C AND (List B NOT all much employment verification
    blanks OR List C NOT all information was provided. Either List A
    blanks) or BOTH List B and List C must be
    completed
    AI - Too much employment verification
    information was provided. Need either
    List A or BOTH List B and
    42 List B Title is blank DE - Section 2, List B Document Title --
    List B Document Title not completed
    properly
    AI - List B Document Title is missing
    43 List B Title is “Other” DE - Section 2, List B Document Title --
    List B Document Title is invalid
    AI - List B Document Title is invalid
    44 List B Title VS. Section 1 is choice 4, 5, 7, or 8 and DE - Section 2, List A Document Title --
    Attestation is “Permanent Resident” List A Document Title given conflicts
    with permanent resident status chosen
    in Section 1.
    AI - Status of employee indicated in
    section 1 conflicts with documents
    presented in section 2. In Section 1 the
    employee h
    45 List B Title VS. Section 1 is choice 4, 5, 7, or 8 and DE - Section 2, List A Document Title --
    Attestation is “Authorized Alien” List A Document Title given conflicts
    with alien authorization status chosen in
    Section 1.
    AI - Status of employee indicated in
    section 1 conflicts with documents
    presented in section 2. In Section 1 the
    employee
    46 List B Authority is blank DE - Section 2, List B Issuing Authority --
    List B Issuing Authority not completed
    properly
    AI - List B Issuing Authority is missing
    47 List B Document Number is blank DE - Section 2, List B Document
    Number -- List B Document Number not
    completed properly
    AI - List B Document Number is missing
    48 List C Title is blank DE - Section 2, List C Document Title --
    List C Document Title not completed
    properly
    AI - List C Document Title is missing
    49 List C Title is “Other” DE - Section 2, List C Document Title --
    List C Document Title is invalid
    AI - List C Document Title is invalid
    50 List C Title is “US Social Security DE - Section 2, List C Document Title --
    Card” Employer is responsible for verifying
    that Social Security cards used for
    employment verification are not marked
    “not valid for employment” or
    “authorized for employment only with
    INS authorization”.
    AI - (Standard
    51 List C Title VS. Section 1 is choice 7 and is DE - Section 2 List C Document Title --
    Attestation “Citizen” List C Document Title given conflicts
    with citizenship status chosen in Section
    1.
    AI - Status of employee indicated in
    section 1 conflicts with documents
    presented in section 2. In Section 1 the
    employee has indic
    52 List C Title VS. Section 1 is NOT choice 1 or 7 and DE - Section 2, List C Document Title --
    Attestation is “Permanent Resident” List C Document Title given conflicts
    with permanent resident status chosen
    in Section 1.
    AI - Status of employee indicated in
    section 1 conflicts with documents
    presented in section 2. In Section 1 the
    employee h
    53 List C Title VS. Section 1 is NOT choice 1 or 7 and DE - Section 2, List C Document Title --
    Attestation is “Authorized Alien” List C Document Title given conflicts
    with alien authorization status chosen in
    Section 1.
    AI - Status of employee indicated in
    section 1 conflicts with documents
    presented in section 2. In Section 1 the
    employee
    54 List C Authority is blank DE - Section 2, List C Issuing Authority --
    List C Issuing Authority not completed
    properly
    AI - List C Document Issuing Authority
    is missing
    55 List C Document Number is blank DE - Section 2, List C Document
    Number -- List C Document Number not
    completed properly
    AI - List C Document Number is missing
    56 List C Expiration Date is not blank AND is Tracking--will show up on Expiring
    VS. List C Title choice 7 Employment Documents Report 120
    days prior to expiration
    57 List C Expiration Date is blank or invalid AND is DE - Section 2, List C Expiration Date --
    VS. List C Title choice 7 List C Expiration Date not completed
    properly AI - List C Document ( . . . title . . . )
    Expiration Date is missing
    58 List C Expiration Date is prior to current date DE - Section 2, List C Expiration Date --
    VS. List C Title AND is choice 7 List C Document has expired AI - List C
    Document ( . . . title . . . ) has expired
    ( . . . date . . . ). Either update in Section 3 or
    complete a new I-9.
    59 Employment Date is blank DE - Section 2, Hire Date -- Employee
    start date is missing
    AI - Employee start date is missing
    60 Completion Date VS. List is after Sep. 30, 1997 AND DE - Section 2, List A Document Title --
    A Title choice 2, 3, 8, or 9 List A document type no longer
    acceptable after a completion date of
    Sep. 30, 1997 AI -
    List A Document ( . . . title . . . ) no longer
    acceptable after a Completion Date of
    Sep. 30, 1997. Either update in Section 3 or
    complete a new I-9
    61 List A first Expiration is prior to Completion DE - Section 2, List A First Document
    Date VS. Completion Date AND NOT choices Expiration Date -- List A first document
    Date VS. List A Title 1, 2, 3, or 5 expired before document completion
    date AI - List A First Document ( . . . title . . . )
    expired ( . . . date . . . ) before Completion
    Date.
    62 List A second Expiration is prior to Completion DE - Section 2, List A Second
    Date VS. Completion Date AND NOT choices Document Expiration Date -- List A
    Date VS. List A Title 1, 2, 3, or 5 second document expired before
    document completion date AI - List A
    Second Document ( . . . title . . . ) expired
    ( . . . date . . . ) before Completion Date.
    63 List C Expiration Date is prior to Completion DE - Section 2, List C Document
    VS. Completion Date VS. Date AND is choice 7 Expiration Date -- List C document
    List C Title expired before document completion
    date AI - List C Document ( . . . title . . . )
    expired ( . . . date . . . ) before Completion
    Date.
    64 Completion Date is blank DE - Section 2, Employer Signature
    Date -- Document completed date is
    missing
    AI - Document Completion Date is
    missing
    65 Employment Date VS. is greater than 3 days DE - Section 2, Employer Signature
    Completion Date after Employment Date Date -- The date completed is more
    than 3 business days of when employee
    begins work. Verify dates on form.
    SC - This I-9 was not completed within
    3 business days of when employee
    begins work
    66 Completion Date VS. is greater than Work DE - Section 1, Authorized To Work
    Section 1 Authorized Expiration Date Until -- Work Expiration Date must not
    Until Date be expired at the time employer signs
    Section 2
    AI - Work Expiration Date was expired
    at the time employer signed Section 2
    67 Representative Signature is not present DE - Section 2, Employer Signature --
    Authorized Representative signature is
    missing.
    AI - Authorized Representative
    signature is missing.
    68 Representative Name is blank DE - Section 2, Employer Name --
    Authorized Representative Name is not
    complete
    AI - Authorized Representative Name is
    missing
    69 Representative Title is blank DE - Section 2, Employer Title --
    Authorized Representative Title is not
    complete
    AI - Authorized Representative Title is
    missing
    70 Business Name is blank DE - Section 2, Business Name --
    Business Name is not complete
    AI - Business Name is missing
    71 Business Address is blank DE - Section 2, Business Address --
    Business Address is not complete
    AI - Business Address is missing
    72 New Name not verified
    73 Rehire Date VS. Rehire is not blank AND NOT DE - Section 3, Rehire Date -- Use this
    Confirmation Override overridden section if employee is being hired within
    3 years of the original date of hire. Use
    it to update or reverify employment
    eligibility. Do not use this date field for
    an update of continuing employment.
    Please confi
    74 First Reverification is blank AND (is supplied DE - Section 3, First Reverification
    Document Title VS. OR is supplied) Document Title -- First Reverification
    Number VS. First Document Title is Missing--If reverifying,
    Reverification Expiration only an employee eligibility document
    Date from Section 2 List A or C is required
    AI - First Reverification Document Title
    is Missing--If rev
    75 First Reverification is blank AND (is supplied DE - Section 3, First Reverification
    Document Number VS. OR is supplied) Document Number -- First
    Title VS. First Reverification Document Number needs
    Reverification Expiration to be completed
    Date AI - First Reverification Document
    Number is missing
    76 First Reverification is choice 5 and length is DE - Section 3, First Reverification
    Document Title VS. First 10 or (starts with “A” and Document Number -- Alien Registration
    Reverification Number length is 9) or (starts Number must be 8 or 9 digits and start
    without “A” and length is with an ‘A’
    8) AI - Reverification Document Number
    must be 8 or 9 digits for an Alien
    Registration Card
    77 First Reverification is blank AND NOT DE - Section 3, First Reverification
    Expiration Date VS. First choice 1, 2, 3, or 5 Document Expiration Date -- First
    Reverification Title Reverification Document Expiration
    Date needs to be completed AI - First
    Reverification Document ( . . . title . . . )
    Expiration Date is missing
    78 First Reverification is prior to current date DE - Section 3, First Reverification
    Expiration Date AND NOT choice is 1, 2, Document Expiration Date -- First
    3, or 5 Reverification Document Expiration
    Date has expired AI - First
    Reverification Document ( . . . title . . . ) has
    expired ( . . . date . . . )
    79 First Reverification is blank AND is choice 5 DE - Section 3, First Reverification
    Expiration Date VS. First AND NOT overridden Document Expiration Date -- First
    Reverification Title VS. Reverification Document Expiration
    Override Alien Date needs to be completed
    AI - First Reverification Document
    Expiration Date needs to be completed
    80 First Reverification is not blank AND NOT Tracking--will show up on Expiring
    Expiration Date choice 1, 2, 3, or 5 Employment Documents Report 120
    days prior to expiration
    81 First Reverification is prior to Rehire Date DE - Section 3, First Reverification
    Expiration Date VS. Document Expiration Date -- First
    Rehire Date Reverification document expired before
    reverification date AI - First
    Reverification Document ( . . . title . . . )
    expired ( . . . date . . . ) before Reverification
    Date ( . . . date . . . )
    82 Second Reverification is blank AND (is supplied DE - Section 3, Second Reverification
    Document Title VS. OR is supplied) Document Title -- Second Reverification
    Second Reverification Document Title is Missing--If reverifying,
    Number VS. Second only an employee eligibility document
    Reverification Expiration from Section 2 List A or C is required
    Date AI - Second Reverification Document
    Title is Missing--If
    83 Second Reverification is blank AND (is supplied DE - Section 3, Second Reverification
    Document Number VS. OR is supplied) Document Number, Second
    Title VS. Second Reverification Document Number needs
    Reverification Expiration to be completed
    Date AI - Second Reverification Document
    Number is missing
    84 Second Reverification is blank AND is choice 7 DE - Section 3, Second Reverification
    Expiration Date VS. Document Expiration Date, Second
    Second Reverification Reverification Document Expiration
    Title Date needs to be completed AI -
    Second Reverification Document
    ( . . . title . . . ) Expiration Date is missing
    85 Second Reverification is prior to current date DE - Section 3, Second Reverification
    Expiration Date AND is choice 7 Document Expiration Date, Second
    Reverification Document Expiration
    Date has expired AI - Second
    Reverification Document ( . . . title . . . ) has
    expired ( . . . date . . . )
    86 Second Reverification is not blank AND is Tracking--will show up on Expiring
    Expiration Date choice 7 Employment Documents Report 120
    days prior to expiration
    87 Second Reverification is prior to Rehire Date DE - Section 3, Second Reverification
    Expiration Date VS. Document Expiration Date -- Second
    Rehire Date Reverification document expired before
    reverification date AI - Second
    Reverification Document ( . . . title . . . )
    expired ( . . . date . . . ) before Reverification
    Date ( . . . date . . . )
    88 Representative Signature is not present DE - Section 3, Authorized
    Representative Signature -- Authorized
    Representative signature is missing
    AI - Authorized Representative
    signature is missing
    89 Section 3 Completion is blank AND (is NOT DE - Section 3, Authorized
    Date VS. First Updated blank OR is NOT blank) Representative Signature -- Completion
    Document Fields VS. Date is not completed
    Second Updated AI - Section 3 Completion Date is
    Document Fields missing
    90 Section 3 Completion is greater than the Rehire DE - Section 3, Authorized
    Date VS. Reverification Date Representative Signature -- The Section
    Date 3 Completion Date is not the same as
    the reverification date. Verify dates on
    form. Section 3 must be completed on
    the day of rehire by the employer.
    Failure to do so is a violation. D
    91 Section 3 Completion is prior to Sep. 30, 1997 and is DE - Section 3, Reverification
    Date VS. Reverification choice 2, 3, 8, or 9 Document Title -- Reverification
    Document Title Document type no longer acceptable
    after a Section 3 Completion date of
    Sep. 30, 1997 AI - Reverification Document
    ( . . . title . . . ) no longer acceptable after a
    Section 3 Completion Date of Sep. 30, 1997.
    Ei
    92 Rehire Date VS. Section is blank AND is NOT DE - Section 3, Authorized
    3 Completion Date VS. blank AND NOT choice Representative Signature Date -- The
    Section 2 List A first 1, 2, or 3 AND first Section 2 List A First Document Number
    Expiration Date VS. section 2 expiration date has expired prior to Section 3
    Section 2 List A Title expired before section 3 Completion Date--Verify dates on form.
    completion date SC - This I-9 Section 3 was not
    completed prior to expiration of the
    original Sect
    93 Rehire Date VS. Section is blank AND is NOT DE - Section 3, Authorized
    3 Completion Date VS. blank AND is choice 7 Representative Signature Date -- The
    Section 2 List C AND section 2 expiration Section 2 List C Document Number has
    Expiration Date VS. date expired before expired prior to Section 3 Completion
    Section 2 List C Title section 3 completion Date--Verify dates on form.
    date SC - This I-9 Section 3 was not
    completed prior to expiration of the
    original Section 2
    94 Rehire Date VS. Section (is not blank OR is not DE - Section 3, Rehire Date -- Need a
    3 Completion Date VS. blank) AND first list is Reverification Document from either
    first Reverification blank AND second list is list--Reverification document type
    Document List VS. blank should be a List A or C document only
    second Reverification because identity is established in
    Document List Section 2
    AI - Need a Reverification Document
    from either list--Reverific
    95 Employee Terminated is checked DE - Employee terminated. Employer
    must retain I-9 for 3 years from date of
    hire or one year from date of
    termination, whichever is greater.
    AI - will no longer report on additional
    information requests.
    SC - Employee terminated. Employer
    must retain I-
    Lists of Acceptable Documents
    List A
    (Documents that
    Establish Both Identity List B List C
    and Employment (Documents that (Documents that Establish
    Eligibility) Establish Identity) Employment Eligibility)
    1. U.S. Passport  1. Driver's license or ID 1. U.S. social security card issued by
    (unexpired or expired) card issued by a state or the Social Security Administration (other
    outlying possession of than a card stating it is not valid for
    the United States employment)
    provided it contains a
    photograph or
    information such as
    name, date of birth, sex,
    height, eye color, and
    address
    2. Certificate of U.S.  2. ID card issued by 2. Certification of Birth Abroad issued by
    Citizenship (INS Form federal, state, or local the Department of State (Form FS-545
    N-560 or N-561) government agencies or or Form DS-1350)
    entities provided it
    contains a photograph or
    information such as
    name, date of birth, sex,
    height, eye color, and
    address
    3. Certificate of  3. School ID card with a 3. Original or certified copy of a birth
    Naturalization (INS Form photograph certificate issued by a state, county,
    N-550 or N-570) municipal authority or outlying
    possession of the United States bearing
    an official seal
    4. Unexpired foreign  4. Voter's registration 4. Native American tribal document
    passport, with I-551 card
    stamp or attached INS
    Form I-94 indicating
    unexpired employment
    authorization
    5. Alien Registration  5. U.S. Military card or 5. U.S. Citizen ID Card (INS Form
    Receipt Card with draft record I-197)
    photograph (INS Form
    I-151 or I-551)
    6. Unexpired Temporary  6. Military dependent's ID 6. ID Card for use of Resident Citizen in
    Resident Card (INS Form card the United States (INS Form I-179)
    I-688)
    7. Unexpired  7. U.S. Coast Guard 7. Unexpired employment authorization
    Employment Merchant Mariner Card document issued by the INS (other than
    Authorization Card (INS those listed under List A)
    Form I-688A)
    8. Unexpired Reentry  8. Native American tribal
    Permit (INS Form I-327) document
    9. Unexpired Refugee  9. Driver's license issued
    Travel Document (INS by a Canadian
    Form I-571) government authority
    10. Unexpired For persons under age
    Employment
    18 who are unable to
    Authorization Document present a document
    issued by the INS which listed above:
    contains a photograph
    (INS Form I-688B)
    10. School record or
    report card
    11. Clinic, doctor, or
    hospital record
    12. Day-care or nursery
    school record
  • TABLE IV
    ALERTS
    I-9 Alerts
    Message (DE = Data Entry, AI =
    Additional Information, SC = Statement
    Field Condition of Completion)
    1 Section 2, List B Title is “Other” Please call the office to clarify how to
    handle this situation.
    2 Section 2, List C Title is “US Birth Certificate” Please be aware that this is to be a certified
    copy of a birth certificate, not a hospital
    receipt.
    3 Section 2, List C Title is “Other” Please call the office to clarify how to
    handle this situation.
    4 Section 2, List A Title is “Alien Registration Not all alien registration cards have
    Card” and expiration date is expiration dates. Confirm if card was
    blank unexpired when presented and that the
    photo on the card relates to the individual
    presenting the card. Additionally, INS
    Form I-151 is no longer acceptable after
    Mar. 30th, 1996.
    5 Section 2, List A First is blank and List A Title is Not all alien registration cards have
    Document Expiration Date “Alien Registration Card” expiration dates. Confirm if card was
    unexpired when presented and that the
    photo on the card relates to the individual
    presenting the card. Additionally, INS
    Form I-151 is no longer acceptable after
    Mar. 30th, 1996.
    6 Section 3, List A Title is “Alien Registration Not all alien registration cards have
    Card” and expiration date is expiration dates. Confirm if card was
    blank unexpired when presented and that the
    photo on the card relates to the individual
    presenting the card. Additionally, INS
    Form I-151 is no longer acceptable after
    Mar. 30th, 1996.
    7 Section 3, List A Document is blank and List A Title is Not all alien registration cards have
    Expiration Date “Alien Registration Card” expiration dates. Confirm if card was
    unexpired when presented and that the
    photo on the card relates to the individual
    presenting the card. Additionally, INS
    Form I-151 is no longer acceptable after
    Mar. 30th, 1996.
    8 Section 2, Completion Date is not blank The employer must look at the actual
    documents presented to verify that they
    appear to be genuine and to relate to the
    employee.
    9 Section 1, Social Security starts with a “9” Any Social Security Number that starts with
    Number a ‘9’ is not a valid number.
    10 Section 1, Preparer Name is blank Please refer to the associated Tip in regards
    to filling out this section.
    11 Section 1, Preparer Address is blank Please refer to the associated Tip in regards
    to filling out this section.
    12 Section 1, Preparer Date is blank Please refer to the associated Tip in regards
    to filling out this section.
    13 Section 3, New Name is not blank Use of the name change field is typically
    used for a name change only. No other
    portion of Section 3 needs to be completed
    unless the employees identity must be
    reestablished or in the case of rehire.
    14 Section 2, List A Title is a “Foreign Passport with For Foreign Passport verification, please list
    I-94 Card” choice and List the Foreign Passport details first.
    A Issuing Authority is not Additionally, the I-94 Card may not be
    “Foreign Passport” valid for employment. If valid for
    employment, employee status may be
    extended 240 days with a timely filed
    application for extension.
    15 Section 2, List A Issuing is not “Foreign Passport” For Foreign Passport verification, please list
    Authority and List A Title is a the Foreign Passport details first.
    “Foreign Passport with I-94 Additionally, the I-94 Card may not be
    Card” choice valid for employment. If valid for
    employment, employee status may be
    extended 240 days with a timely filed
    application for extension.
    16 Section 1, Alien Authorized is chosen Please be aware that the I-94 Card may not
    To Work Until be valid for employment. If valid for
    employment, employee status may be
    extended 240 days with a timely filed
    application for extension.
    17 Section 3, First Document is a “Foreign Passport with For Foreign Passport verification, please list
    Title I-94 Card” choice the I-94 details in section C. Additionally,
    the I-94 Card may not be valid for
    employment. If valid for employment,
    employee status may be extended 240 days
    with a timely filed application for extension.
    18 Section 2, List A Title is a “Foreign Passport with For Foreign Passport verification, please list
    IAP-66 Card” choice the Foreign Passport details first. J
    (Exchange Visitors) students should present
    in section A a combination of an unexpired
    Foreign passport, an unexpired I-94 card
    reflecting J-1 classification and an unexpired
    Form IAP-66. The IAP-66 and the I-94 may
    both bear expiration dates (D/S refers to the
    duration of time necessary to complete the
    approved exchange program). Record here
    at second expiration date field the IAP-66
    expiration date. (This date will be tracked).
    Employers should record the I-94 admission
    number and expiration, if any, in writing on
    the I-9 form in section A.
    19 Section 3, First Document is a “Foreign Passport with For Foreign Passport verification, please list
    Title IAP-66 Card” choice the IAP-66 details in section C. J
    (Exchange Visitors) students should present
    in a combination of an unexpired Foreign
    passport, an unexpired I-94 card reflecting
    J-1 classification and an unexpired Form
    IAP-66. The IAP-66 and the I-94 may both
    bear expiration dates (D/S refers to the
    duration of time necessary to complete the
    approved exchange program). Record here
    in expiration date field the IAP-66
    expiration date. (This date will be tracked).
    Employers should record the I-94 admission
    number and expiration, if any, in writing on
    the I-9 form in section C.
    20 Section 2, List A Title is a “Foreign Passport with For Foreign Passport verification, please list
    I-20a/b Card” choice the Foreign Passport details first. F
    (University or college) students should
    present a combination of an unexpired
    foreign passport, an unexpired I-94 card
    reflecting F-1 or M-1 classification and an
    unexpired I-20ab document (D/S refers to
    period of time necessary to complete
    approved academic or training program).
    The I-20ab should be endorsed for the
    employment by the designated school
    official and include a period of time during
    which the employment may take place bear
    a work authorization expiration date. The
    I-94 card is usually marked with D/S
    (Duration of status). Record here at second
    expiration date field the IAP-66
    endorsement expiration date (work
    authorization rarely corresponds with
    duration of I-20 except for on campus
    employment). This date will be tracked.
    Employers should record the I-94 admission
    number in writing on the I-9 form in sect A.
    21 Section 3, First Document is a “Foreign Passport with For Foreign Passport verification, please list
    Title I-20a/b Card” choice the I-20a/b details in section C. F
    (University or college) students should
    present a combination of an unexpired
    foreign passport, an unexpired 1-94 card
    reflecting F-1 or M-1 classification and an
    unexpired I-20ab document (D/S refers to
    period of time necessary to complete
    approved academic or training program).
    The I-20ab should be endorsed for the
    employment by the designated school
    official and include a period of time during
    which the employment may take place bear
    a work authorization expiration date. The
    I-94 card is usually marked with D/S
    (Duration of status). Record here in
    expiration date field the IAP-66
    endorsement expiration date (work
    authorization rarely corresponds with
    duration of I-20 except for on campus
    employment). This date will be tracked.
    Employers should record the I-94 admission
    number in writing on the I-9 form in sect C.
    22 Section 2, List A Title is a “Foreign Passport” For Foreign Passport verification, please list
    choice other than I-94 and the Foreign Passport details first.
    List A Issuing Authority is
    not “Foreign Passport”
    23 Section 2, List A Issuing is not “Foreign Passport” For Foreign Passport verification, please list
    Authority and List A Title is a the Foreign Passport details first.
    “Foreign Passport” other
    than I-94 choice
    24 Section 3, First Document is a “Foreign Passport with For Foreign Passport verification, please list
    Title I-551 Card” choice the I-551 details in section C.
  • TABLE V
    TIPS
    ID Field Message
    1 Section 1, Last Name value In section 1, ensure that the individual hired or recruited or
    referred for a fee provides his or her printed name. Failure to
    do so is a substantive verification failure. (See Memorandum,
    Mar. 6, 1997; Interim Guidelines: Section 274A(b)(6) of
    the Immigration and Nationality Act Added by Section 411
    of the Illegal Immigration Reform & Immigrant
    Responsibility Act of 1996) Go to
    www.lookoutservices.net/legal memorandum and resources.
    2 Section 1, First name In section 1, ensure that the individual hired or recruited or
    referred for a fee provides his or her printed name. Failure to
    do so is a substantive verification failure. (See Memorandum,
    Mar. 6, 1997; Interim Guidelines: Section 274A(b)(6) of
    the Immigration and Nationality Act Added by Section 411
    of the Illegal Immigration Reform & Immigrant
    Responsibility Act of 1996) Go to
    www.lookoutservices.net/legal memorandum and resources.
    3 Section 1, Middle Initial In section 1, ensure that the individual hired or recruited or
    referred for a fee provides his or her printed name. Failure to
    do so is a substantive verification failure. (See Memorandum,
    Mar. 6, 1997; Interim Guidelines: Section 274A(b)(6) of
    the Immigration and Nationality Act Added by Section 411
    of the Illegal Immigration Reform & Immigrant
    Responsibility Act of 1996) Go to
    www.lookoutservices.net/legal memorandum and resources.
    4 Section 1, Maiden Name In section 1, ensure that the individual hired or recruited or
    referred for a fee provides his or her printed name. Failure to
    do so is a substantive verification failure. (See Memorandum,
    Mar. 6, 1997; Interim Guidelines: Section 274A(b)(6) of
    the Immigration and Nationality Act Added by Section 411
    of the Illegal Immigration Reform & Immigrant
    Responsibility Act of 1996) Go to
    www.lookoutservices.net/legal memorandum and resources.

Claims (20)

What is claimed is:
1. A method for assisting in documenting employment eligibility using a data handling device, comprising:
displaying a field of an employment eligibility verification document;
receiving time data corresponding to the field;
determining a current time;
comparing with the data handling device the time data to one or more time values based at least in part on the current time; and
displaying predetermined text based at least in part on an outcome of comparing the time data to the time values.
2. The method of claim 1 where displaying a field of an employment eligibility verification document includes displaying the entire document.
3. The method of claim 1 where the time data includes an expiration date.
4. The method of claim 1 where the time data includes an expiration date for an employee's original document.
5. The method of claim 1 where determining a current time includes checking a computer system clock.
6. The method of claim 1 where the one or more of the time values based at least in part on the current time are a range of dates extending forward from the current time.
7. The method of claim 1 where displaying predetermined text includes displaying a warning when the time data matches one or more of the time values.
8. A method for assisting in documenting employment eligibility using a data handling device, comprising:
updating compliance rules for an employment eligibility verification document;
displaying a field of the employment eligibility verification document;
receiving data corresponding to the field;
applying at least one compliance rule to the received data; and
displaying predetermined text based at least in part on an outcome of applying the at least one compliance rule.
9. The method of claim 8 where updating compliance rules includes checking through a network for updated compliance rules.
10. The method of claim 8 where updating compliance rules includes receiving updated compliance rules through a network.
11. The method of claim 8 where the predetermined text is part of an error report for multiple fields of the employment verification document.
12. The method of claim 8 where displaying a field of an employment eligibility verification document includes displaying the entire document.
13. The method of claim 8 where the at least one compliance rule requires the received data to match one of a set of values.
14. The method of claim 8 where receiving data corresponding to the field includes detecting the choice made by a user from a pulldown menu.
15. A computer program, stored on a tangible storage medium, for assisting in documenting employment eligibility, the program including executable instructions that cause a computer to:
update compliance rules for an employment eligibility verification document;
display a field of the employment eligibility verification document;
receive data corresponding to the field;
apply at least one compliance rule to the received data; and
display predetermined text based at least in part on an outcome of applying the at least one compliance rule.
16. The computer program of claim 15 where the executable instructions cause the computer to check through a network for updated compliance rules.
17. The computer program of claim 15 where the executable instructions cause the computer to install updated compliance rules received through a network.
18. The computer program of claim 15 where the executable instructions cause the computer to display the entire employment eligibility verification document.
19. The computer program of claim 15 where the executable instructions cause the computer to display the predetermined text in an overlying window.
20. The computer program of claim 15 where the at least one compliance rule requires the received data to match one of a set of values.
US14/311,078 2000-07-28 2014-06-20 Method for Complying with Employment Eligibility Verification Requirements Abandoned US20140304179A1 (en)

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US22211700P 2000-07-28 2000-07-28
US91809201A 2001-07-30 2001-07-30
US10/779,274 US7747542B2 (en) 2000-07-28 2004-02-13 Method for complying with employment eligibility verification requirements
US12/824,479 US8762287B2 (en) 2000-07-28 2010-06-28 Method for complying with employment eligibility verification requirements
US14/311,078 US20140304179A1 (en) 2000-07-28 2014-06-20 Method for Complying with Employment Eligibility Verification Requirements

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US20140052657A9 (en) 2014-02-20
US20100262553A1 (en) 2010-10-14
US8762287B2 (en) 2014-06-24
US20040148192A1 (en) 2004-07-29

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