EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM AND METHOD
A computer system and method for obtaining electronic signatures is disclosed for paperless processing of electronic employment documents, and for automating employment authorization verification. After substantial completion of the fillable fields of an electronic document by a user, the system displays an affirmation screen with affirmation language necessary to meet a statutory requirement for a valid electronic signature and an interface element affirming such language. Only after the interface element has been actuated is a file containing the completed fillable fields marked with an indication that the file has been electronically signed. The employment eligibility verification aspects disclosed utilize a database and server architecture to receive information provided on an electronic employment eligibility form and to perform computerized employment eligibility verification queries with the Federal Government.
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Pursuant to 35 U.S.C. §§119(e) and 120, this application is a continuation of U.S. patent application Ser. No. 11/775,351, filed on Jul. 10, 2007, which is a continuation-in-part of U.S. patent application Ser. No. 11/234,372, filed on Sep. 26, 2005, now abandoned, which claimed the benefit of U.S. Provisional Patent Application Ser. No. 60/612,610, filed on Sep. 24, 2004, the entire contents of each of which are incorporated herein by this reference.
BACKGROUND 1. Field of InventionThe present invention relates in general to the field of computer systems for employee data tracking, and in particular to a computerized web-based method and system for verifying employment eligibility via the electronic completion of the Form I-9 by utilizing electronic signatures in connection with electronic Form I-9 processing and employment eligibility verification in compliance with regulations and statutes; a web based electronic I-9 auditing tool; and a unique document imaging interface that provides automated customer alerts relating to scanned and indexed I-9s. The invention provides employers with a paperless I-9 solution for both existing paper I-9s and electronic I-9s henceforth.
2. Description of Related ArtWhen former President Reagan signed the landmark Immigration Reform and Control Act of 1986 (IRCA), it mandated that employers verify the “right to work” status of every newly hired employee within three days of employment. Specifically, it required employment eligibility verification through completion of the Form I-9. However, large numbers of employers are not in compliance with this law, and the risks for the employer who fails to fully comply with this law are significant. Whether the oversights are intentional, or unintentional, the consequences may be immediate and harsh, including large financial penalties imposed by the Department of Homeland Security (DHS) and disruption of the work environment by the untimely removal of unauthorized employees. Most employers are unaware that they have a problem with Form I-9 employment eligibility verification requirements until they are inspected by governmental authorities. By that time, it is generally too late to undo the damage.
The Systematic Alien Verification for Entitlements (SAVE) Program is run by the Bureau of U.S. Citizenship and Immigration Services (USCIS), under DHS, to administer programs that provide access to information contained in the Verification Information System (VIS) database. The VIS is a nationally accessible database of selected immigration status information.
The SAVE Program enables Federal, state, and local government agencies to obtain immigration status information that they need in order to determine an applicant's/recipient's eligibility for many public benefits. The SAVE Program also administers employment verification pilot programs that enable employers to verify the work authorization of their newly hired employees. In particular, the program allows employers to perform verification checks in the Social Security Administration (SSA) and DHS databases. Employers can use the SAVE Program's web-based access to verify the employment authorization of their newly hired employees. Access to the system is provided to an employer's Designated Agent upon execution of a Memorandum of Understanding and an Agency Agreement.
The events of 9/11 have further heightened the Federal Government's concern about the employment of unauthorized workers. Therefore, there is a substantial need for a system and method which assists Human Resources professionals with Form I-9 and employment eligibility compliance issues.
SUMMARY OF THE PREFERRED EMBODIMENTSIt is an object of the invention to provide an improved electronic system and method for employment eligibility verification. This employment eligibility verification program is termed “EVP”.
It is a further object of the invention to provide an electronic signature solution that allows the electronic Form I-9 to be signed electronically with an electronic signature. In a preferred embodiment the electronic signature is compliant with the E-Sign Act and the DHS interim rule for electronic signature and storage of Form I-9, Employment Eligibility Verification, resulting in a “paperless” I-9 Form.
It is a further object of the invention to provide remote completion and signing of Section 1 of the Form I-9 by employees.
It is a further object of the invention to provide an electronic Form I-9 that is error detecting and allows employment eligibility verification through federal government programs directly from the electronic I-9 Form with one additional click of a button.
It is a further object of the invention to allow employers to add scanned documents to the electronic Form I-9. For example, some employers may elect to add scanned copies of employment eligibility documents (form List A, B, and/or C).
It is a further object of the invention to provide employers with a vehicle for uploading files of all scanned and indexed paper I-9s so that they can be viewed online and incorporate work authorization expiration notices, if applicable. For example, the employer can have all paper I-9s scanned into digital format and the file produced can be imported into the invention and logically associated with the system's rules for work authorization expiration and Form I-9 Section 3 updates and reverification.
It is a further object of the invention to provide a web-based electronic I-9 auditing tool that allows users to catalogue specific I-9 deficiencies and automatically generate recommended corrective action(s) and summary reports.
The system and method of the invention in one embodiment includes a third-party system accessible to a hiring organization which provides an electronic error-detecting Form I-9 with an E-Sign Act and DHS interim rule for electronic signature and storage of Form I-9, Employment Eligibility Verification compliant electronic signature and/or conducts electronic employment eligibility verification via the government's Basic Pilot Program.
The system in certain embodiments of the invention includes logic to prevent and/or identify technical errors on the electronic employment eligibility form (I-9) and security features that verify the authenticity of electronic signatures applied to the Form. In one embodiment, the invention is specifically designed for use with the Form I-9. Hooks may be provided to make the solution more generally available to a variety of companies with related business services. Enabling electronic signatures requires a software solution and the integration of such solutions on a minimum of two parties: The party providing electronic signature solutions and the party using the electronic signature solution; the software represents both parties and both systems in this embodiment of the invention. A secured data store may be provided for versioned documents, accuracy, tamper-proof records and creation and access history tracking.
The foregoing and other objects, features, and advantages of the invention will be apparent from the following more particular description of preferred embodiments as illustrated in the accompanying drawings.
Reference will now be made in detail to the preferred embodiments of the present invention, examples of which are illustrated in the accompanying drawings. The present invention is described below with reference to block diagrams and operational illustrations of methods and devices to process immigration documents. It is understood that each block of the block diagrams or operational illustrations, and combinations of blocks in the block diagrams or operational illustrations, may be implemented by means of analog or digital hardware and computer program instructions. These computer program instructions may be provided to a processor of a general purpose computer, special purpose computer, ASIC, or other programmable data processing apparatus, such that the instructions, which execute via the processor of the computer or other programmable data processing apparatus, implements the functions/acts specified in the block diagrams or operational block or blocks. In some alternate implementations, the functions/acts noted in the blocks may occur out of the order noted in the operational illustrations. For example, two blocks shown in succession may in fact be executed substantially concurrently or the blocks may sometimes be executed in the reverse order, depending upon the functionality/acts involved.
The system and method of the invention in one embodiment provides a third-party system accessible to a hiring organization which provides an electronic error-detecting Form I-9 and/or conducts electronic employment eligibility verification. In the preferred embodiment, the system automatically processes work authorization documents and Social Security numbers through the use of a web-based system, and the results are reported back to the hiring organization. The preferred embodiment makes use of Web Services in order to enhance system stability, speed and capacity.
Using information contained on Form I-9 for a newly hired employee, the system electronically verifies the employee's right to work in the United States by comparing immigration and/or Social Security documents with information from SSA and DHS databases. The invention preferably validates the SSN and/or alien registration number of newly hired employees. The invention assists an employer's Human Resources executives with Form I-9 and IRCA compliance issues.
An appropriate database and server architecture can be used to carry out the invention. These include, e.g., a local SQL database, a Microsoft .NET platform, a web interface between clients and system administrators via HTML or XML forms, and middleware for receiving form data and querying the Federal databases. An SMTP interface may be provided for sending notifications to employers and/or receiving form data from employers.
The system is also preferably designed to allow for simplified integration with authorized resellers. Compared to simple B2B integrations, where only data is transmitted via XML or proprietary data definitions, Form I-9 Compliance B2B Integration (FCBI) accounts for integrating complex work flow processes that are specific to the services provided by the system of the invention. Examples of such complex work flow processes are:
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- High level of client and server side data validation.
- Services requiring additional action(s).
- SSA Tentative Non-Confirmation:
- This Non-Confirmation status, returned by the SSA when no specific record match is found, requires the End-User to print out letters, request action from the employee (candidate) that received the above status and continue processing (immediately or at a later time).
- DHS Processing:
- This process is specific to DHS and requires initial processes that may last 1-3 days with follow up processes that might last up to 10 days. Each different status returned by DHS to the End-User leads to a different process.
- Services to be completed at later times.
- Notifications to be sent prior to document expiration dates or based on specific status changes.
Simply passing data back and forth would not properly support actions and work flows such as those mentioned above. For this reason, as well as to keep the integration overhead at a low cost and to help ensure completeness of integration in an efficient timeframe, the system in a preferred embodiment provides a portal-type integration that leaves the complex business rules and workflow processes on the system of the invention. Thus, only a minimum of data or request types are required by the End-User.
The B2B interface is a ‘browser based’ system, allowing parameters to be sent as a query string or as form posts which respond by showing different specialized portal-type screens that allow data entry, data processing, printing of notifications, in-progress and archived data retrieval. In addition, notification process servers allow the End-User to be notified regarding document expiration dates, changing status information on lengthy processes, etc. This notification process is separate and its options are initially set up per individual End-User.
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When the employee selects the “E-Sign Document” user interface element, the software hard-codes the signature to the electronic Form I-9. The software then utilizes a communications network to access a remote electronic signature server to request verification of the electronic signature. The electronic signature server creates a time stamp and verifies that the employee's electronic signature has been hard-coded to the electronic form. Data confirming the same is transmitted by the electronic signature server back to the computer running the electronic I-9 software, and an electronic signature authentication/receipt is displayed as shown in
Both communications to and from the remote electronic signature server may be encrypted for high security and/or compliance with legal requirements. Once the authentication/receipt of
In addition to providing a means by which employees can electronically sign an electronic Form I-9 document, the present system further provides for receiving an electronic signature from a preparer or translator.
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Once the new user selects the “Verify and Save Your E-Signature on File” interface element shown in
The remote electronic signature server creates the new account and transmits a confirmation of same back to the computer running the electronic Form I-9 software. In response, the software returns the user to the screen of
The invention in its preferred embodiment further provides an automated tracking, notification, and reverification system for expiring work authorization documents. Compliance with Section 3 of Form I-9 requires reverification of employment eligibility upon expiration of a grant of work authorization. In particular, upon such event the employer must identify, by document title, document number and expiration date, the document which establishes current employment eligibility. The system and method of the invention in its preferred embodiment tracks the expiration date of work authorization documents provided to the employer by the employee. At a predetermined time interval (e.g., 90/60/30 days) prior to the expiration date of a particular employee's authorization documents, an expiration notification is generated by the system and transmitted to the employer. The system may then accept an electronic reverification from the employer and update the expiration date record for that employee accordingly. If no reverification information is received by the system prior to the actual expiration date, a second notification may be generated to advise the employer that the employee is no longer authorized to work. The invention in its preferred embodiment further provides automated tracking, notification, and reverification of scanned I-9 Forms. The system and method in its preferred embodiment uploads scanned I-9 Forms and provides automated work authorization document expiration alerts for same. The invention can further provide electronic I-9 audit results and summary reports which help illustrate an employer's level of employment eligibility compliance.
The system and method of the invention as hereinabove described can provide significant advantages over the prior art, including: confirmation of the employment eligibility of newly hired employees in a matter of seconds; virtually error-free I-9 Forms; improvements in the accuracy of wage and tax reporting to the Social Security Administration; reduction in an employer's legal exposure to government audits for mistakes related to the processing of Form I-9 and associated documents; provision of a paperless I-9 process; protection of United States jobs for those who have a right to work in the United States; significant reduction in the number of inquiries from the Social Security Administration involving unmatched Social Security accounts; protection of an employer's government contracts and subcontracts, if applicable; and, improvement in the stability and dependability of an employer's workforce. The system and method of the invention can further help reduce involuntary turnover of employees and can reduce processing errors. The invention further helps ensure against the negative effects resulting from the attendant loss of continuity and expertise in the Form I-9 processing that often occurs with Human Resources staff turnover.
The system and method of the invention as hereinabove described provides a safeguard against the use of counterfeit, invalid or expired immigration documents and Social Security numbers in the Form I-9 process, and thereby provides a more stable foundation for building a legal, credible and capable workforce.
While the invention has been particularly shown and described with reference to a preferred embodiment thereof, it will be understood by those skilled in the art that various changes in form and details may be made therein without departing from the spirit and scope of the invention.
Claims
1. A method for performing automatic computerized employment authorization queries, the method comprising the steps of:
- providing an electronic form having at least one variable to be entered;
- providing a first database for storing a record for a person corresponding to the at least one variable;
- storing the at least one variable in the record in the first database;
- providing a first authorization interface for receiving the person's electronic signature, the first authorization interface comprising a first user interface element for obtaining the person's electronic signature;
- receiving data transmitted by a signature server, said data confirming verification by the signature server of the person's electronic signature;
- providing a second authorization interface for receiving an employer's electronic signature, the second authorization interface comprising: a first employer interface element for obtaining the employer's electronic signature upon employer selection of the first employer interface element; and a second employer interface element for obtaining an instant signature from the employer;
- transmitting the at least one variable to a remote system having employment eligibility information; and
- receiving an indication from the remote system that the person corresponding to the at least one variable is legally eligible for employment.
2. The method of claim 1, wherein the step of providing a first authorization interface for receiving the person's electronic signature further comprises the step of providing a second user interface element for enabling the person to withdraw a certified electronic signature previously entered by the person.
3. The method of claim 1, wherein the second authorization interface further comprises a third employer interface element for calling an account management interface having a first account management interface element for creating an electronic signature account, and a second account management interface element for managing the electronic signature account.
4. The method of claim 1, further comprising the step of:
- providing a third authorization interface for receiving a preparer's electronic signature, the third authorization interface comprising: a first preparer interface element for obtaining the preparer's electronic signature via username and password; a second preparer interface element for obtaining an electronic instant signature from the preparer; and a third preparer interface element for calling the account management interface.
5. The method of claim 2, further comprising the step of:
- providing a third authorization interface for receiving a preparer's electronic signature, the third authorization interface comprising: a first preparer interface element for obtaining the preparer's electronic signature via username and password; a second preparer interface element for obtaining an electronic instant signature from the preparer; and a third preparer interface element for calling the account management interface.
6. The method of claim 1 wherein the at least one variable is an alien verification number.
7. The method of claim 1 wherein the person's electronic signature comprises an E-Sign Act and DHS interim rule for electronic signature and storage for a Form I-9 Employment Eligibility Verification compliant electronic signature.
8. The method of claim 1 further comprising the step of transmitting a second indication that the person is legally eligible for employment based on the receipt of the indication from the system that the person corresponding to the at least one variable is legally eligible for employment.
9. A method for providing automatic processing of an immigration form, the method comprising the steps of:
- displaying a first screen having a fillable field for receiving immigration information;
- displaying a first authorization interface for receiving a person's electronic signature, the first authorization interface comprising a first user interface element for obtaining the person's electronic signature;
- displaying a second authorization interface for receiving an employer's electronic signature, the second authorization interface comprising: a first employer interface element for obtaining the employer's electronic signature upon employer selection of the first employer interface element; and a second employer interface element for obtaining an electronic instant signature from the employer; and
- marking a file as electronically signed based upon an interaction with one of the first user interface element, the first employer interface element, or the second employer interface element.
10. The method of claim 9, wherein the step of displaying a first authorization interface for receiving a person's electronic signature further comprises the step of providing a second user interface element for enabling the person to withdraw a certified electronic signature previously entered by the person.
11. The method of claim 9, further comprising the step of:
- providing a third authorization interface for receiving a preparer's electronic signature, the third authorization interface comprising: a first preparer interface element for obtaining the preparer's electronic signature via username and password; and a second preparer interface element for obtaining an electronic instant signature from the preparer.
12. The method of claim 10, further comprising the step of:
- providing a third authorization interface for receiving a preparer's electronic signature, the third authorization interface comprising: a first preparer interface element for obtaining the preparer's electronic signature via username and password; a second preparer interface element for obtaining an electronic instant signature from the preparer; and a third preparer interface element for calling an account management interface having a first account management interface element for creating an electronic signature account, and a second account management interface element for managing the electronic signature account.
13. The method of claim 9 further comprising the step of displaying an interface configured to allow association of an attached document with the file.
14. The method of claim 9, further comprising the step of receiving a notification of whether the person is eligible for employment based upon the immigration information.
15. The method of claim 9 further comprising the step of storing user consent information for use in a plurality of electronic immigration forms, wherein a consent statement need not be executed each time one of the plurality of electronic immigration forms is processed.
16. A system for performing computerized employment authorization queries, the system comprising:
- an electronic form having at least one variable to be entered by a user, the electronic form configured to verify valid entry of the at least one variable by the user;
- a first database for storing of a record for a person, the first database configured to store the at least one variable in the record for the person; and
- a processor configured to: provide a first authorization interface for receiving the person's electronic signature, the first authorization interface comprising a first user interface element for obtaining the person's electronic signature; provide a second authorization interface for receiving an employer's electronic signature, the second authorization interface comprising: a first employer interface element for obtaining the employer's electronic signature upon employer selection of the first employer interface element; and a second employer interface element for obtaining an instant signature from the employer; transmit the at least one variable to a remote system containing employment eligibility information; and receive an indication, from the remote federal government system, that the person corresponding to the at least one variable is legally eligible for employment.
17. The system of claim 16, wherein the first authorization interface for receiving the person's electronic signature further comprises a second user interface element for enabling the person to withdraw a certified electronic signature previously entered by the person.
18. The system of claim 16, wherein the second authorization interface for receiving an employer's electronic signature further comprises a third employer interface element for calling an account management interface having a first account management interface element for creating an electronic signature account, and a second account management interface element for managing the electronic signature account.
19. The system of claim 17, wherein the processor is further configured to:
- provide a third authorization interface for receiving a preparer's electronic signature, the second authorization interface comprising: a first employer interface element for obtaining the employer's electronic signature upon employer selection of the first employer interface element; and a second preparer interface element for obtaining an electronic instant signature from the preparer.
20. The system of claim 18, wherein the processor is further configured to:
- provide a third authorization interface for receiving a preparer's electronic signature, the second authorization interface comprising: a first preparer interface element for obtaining the preparer's electronic signature via username and password; and a second preparer interface element for obtaining an electronic instant signature from the preparer.
Type: Application
Filed: Aug 11, 2017
Publication Date: Nov 23, 2017
Applicant: Form I-9 Compliance, LLC (Tampa, FL)
Inventor: John M. Hermann (Newport Coast, CA)
Application Number: 15/675,212