USCIS Requirements & WorkBrights Solutions

Requirement

WorkBright Process

Y/N

Compliant with Form I-9 legal requirements, enforced by U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI) and found at 8 U.S.C. § 1324a, 8 C.F.R. § 274a.2, and in agency guidance.

WorkBright supports compliance with Form I-9 legal requirements enforced by U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), under 8 U.S.C. § 1324a, 8 C.F.R. § 274a.2, and applicable agency guidance by enabling accurate completion, correction, retention, and retrieval of Form I-9 records through standardized, compliant workflows.

Yes

Compliant with E-Verify requirements, administered by U.S. Citizenship and Immigration Services and found at 8 U.S.C. § 1324a and in agency guidance

In addition to supporting Form I-9 compliance, WorkBright’s E-Verify functionality is designed in alignment with E-Verify requirements and agency guidance. Our system is regularly reviewed against current regulatory expectations, including consultation with experienced immigration compliance professionals, to ensure alignment with applicable E-Verify rules and processes.

Yes

Compliant with Prohibitions against unfair employment practices, enforced by the Department of Justice’s Civil Rights Division, Immigrant and Employee Rights Section (IER), and found at 8 U.S.C. § 1324b and 28 C.F.R. § 44.000.

WorkBright supports compliance with federal prohibitions against unfair immigration-related employment practices under 8 U.S.C. § 1324b and 28 C.F.R. § 44.000 by applying Form I-9 rules consistently for all employees, avoiding document-specific prompts or preferences, and supporting uniform, non-discriminatory workflows throughout the I-9 process.

Yes

Everyone who completes the Form I-9 must have access to the current acceptable version(s) of the Form I-9, including Instructions and Lists of Acceptable Documents.

WorkBright provides employees with access to the current acceptable version of the Form I-9, including the Lists of Acceptable Documents, displayed in the same order published by USCIS. While the platform may surface contextual guidance based on employee selections, it does not restrict or limit an employee’s ability to choose any acceptable documentation.

Yes

Employees must complete Section 1 before the employer completes Section 2.

WorkBright enforces proper sequencing by requiring employees to complete Section 1 before Section 2 may be completed. Once Section 1 is submitted, Section 2 may be completed by an authorized employer representative, including a remote authorized representative where applicable.

Yes

Employers must be able to enter any acceptable documentation, including acceptable receipts, that employees choose to present at the time of hire or for reverification.

WorkBright allows employers and employees to enter any acceptable documentation, including acceptable receipts, as permitted by Form I-9 rules. The platform supports receipt selection during initial completion and allows administrators to complete Supplement B for rehire or reverification using the full List A, B, and C options provided by USCIS.

Yes

Employees and employers must be allowed to leave optional and unused fields blank when appropriate and where Form I-9 rules permit, such as the Social Security number in Section 1 for employers who do not use E-Verify, the expiration date field in Section 1 next to the “A noncitizen authorized to work” attestation, and any inapplicable document information fields in Section 2.

WorkBright permits optional fields to be left blank where allowed, including allowing Social Security numbers to be omitted for non-E-Verify employers and supporting appropriate use of “N/A.”

Yes

Employees with only one name must be allowed to enter their name in the last name field and enter “Unknown” in the first name field.

WorkBright supports single-name employees by allowing “Unknown” as a first name and providing options to indicate the absence of a middle initial.

Yes

The employer certification in Section 2 must include the title, last name, and first name of the person who examined the documents and completed Section 2, as well as the employer’s business name and physical address.

WorkBright captures and retains all required employer certification information in Section 2 and preserves it within the Form I-9 and audit trail.

Yes

Requirement

WorkBright Process

Y/N

Employers must follow electronic Form I-9 requirements found in 8 C.F.R. § 274a.2(e) - (i) relating to the integrity, accuracy, and reliability of the Employers must be able to enter any acceptable documentation, including acceptable receipts, that employees choose to present at the time of hire or for reverification. Dec. 2023 3 system; security and documentation; indexing; electronic signatures; retention; audit trails; location, retrieval, reading and reproduction abilities; as well as the ability to provide Form I-9 summary files (such as a spreadsheet) containing all the information fields on electronically stored Forms I-9 requested by the inspecting agency.

WorkBright supports electronic I-9 integrity, security, indexing, audit trails, electronic signatures, retention, retrieval, reproduction, and reporting, including the ability to generate Form I-9 summary files upon request.

Yes

Employees and preparers/translators must be able to make and record corrections to the information entered in Section 1.

Employees may correct Section 1 through a new submission, with all changes and historical submissions presented and documented in the audit trail.

Yes

Employers must be able to make and record corrections to Section 2 and information relating to reverification and rehire.

Authorized administrators may correct Section 2 and complete Supplement B for rehire or reverification, with all actions recorded.

Yes

All Forms I-9 must record and display all information entered, including for reverification and rehire.

All Form I-9 data, including corrections and Supplement B entries, is rendered into the Form I-9 PDF and retained.

Yes

The Form I-9 software program must uniquely identify each person accessing, correcting, or changing a Form I-9.

WorkBright uniquely identifies each user action and records it in a comprehensive audit and paper trail.

Yes

Employers must follow all applicable retention requirements for Forms I-9 and any attachments, including copies of supporting documents.

WorkBright retains Forms I-9 and associated documentation in accordance with federal retention requirements.

Yes

Requirement

WorkBright Process

Y/N

Employers participating in E-Verify can create cases directly through E-Verify’s website or through a “web services” access method. The E-Verify web services access method allows an employer to participate in E-Verify by using customized software to connect with E-Verify. All employers that participate in E-Verify, whether as direct users or through web services access, must follow the E-Verify requirements detailed in the Memorandum of Understanding and E-Verify guidance

WorkBright supports E-Verify case creation via USCIS web services using employer credentials and in compliance with the E-Verify Memorandum of Understanding.

Yes

Employers must display notices letting prospective and newly hired employees know the employer uses E-Verify consistent with applicable E-Verify requirements.

While posting obligations remain with employers, WorkBright can provide compliant E-Verify participation and Right to Work posters upon request.

N/A

Employers must use current versions of the E-Verify Tentative Nonconfirmation (“mismatch,” previously known as a TNC) Further Action Notices and Referral Date Confirmation letters.

WorkBright provides access to the current Further Action Notice (FAN) and Referral Date Confirmation (RDC) letters for both administrators and employees.

Yes

Employers must provide the English and any relevant translated Further Action Notices and Referral Date Confirmation letters to employees with limited English proficiency.

We support the Spanish version of the Further Action Notice and Referral Date Confirmation and support employees with limited English proficiency throughout translation on our Application

Yes

Employers must promptly notify employees in private of a mismatch and provide them with the Further Action Notice. If the employee elects to take action to resolve the mismatch, the employer must also provide the Referral Date Confirmation letter containing information specific to the employee’s E-Verify case.

WorkBright notifies employees upon receipt of a Tentative Nonconfirmation and makes the FAN available, while administrators can monitor and manage cases through the E-Verify dashboard.

Yes

Employers must be able to delay creating E-Verify cases when E-Verify rules Employers must follow all applicable retention requirements for Forms I-9 and any attachments, including copies of supporting documents. Employers must allow employees to take actions to resolve a mismatch. In addition, employers cannot take adverse action against the employee — for example, suspending or refusing to pay the employee — because of the mismatch, if the employee chooses to take actions to resolve the mismatch. Dec. 2023 4 instruct them to do so. For example, E-Verify instructs employers to postpone creating E-Verify cases for employees who have not yet received their Social Security numbers and for employees who show certain acceptable receipts for the Form I-9.

WorkBright supports delayed E-Verify submission when employees are awaiting a Social Security number or present acceptable receipts, with controls to trigger submission when appropriate.

Yes

Requirement

WorkBright Process

Y/N

Establishing procedures to complete a Form I-9 or create an E-Verify case outside the Form I-9 software program if, for example, the person completing the Form I-9 cannot use the Form I-9 software program or it does not function properly.

We allow for uploads of Form I-9s, and employers retain access to their E-V accounts and can create cases outside of WB at any time. We can also retain the Form I-9 submitted if E-V is down, and manually submit at a later time.

Yes

Providing access to applicable resources, including I-9 Central, USCIS’s Handbook for Employers (M-274) for the Form I-9 Process, the E-Verify User Manual (M-775), and IER’s materials discussing employee rights and how employers can avoid discrimination.

While employers are primarily responsible for understanding and applying Form I-9 and E-Verify requirements, WorkBright supports this obligation by linking to applicable government resources throughout the platform, including I-9 Central, USCIS’s Handbook for Employers (M-274), the E-Verify User Manual (M-775), and IER guidance on employee rights and anti-discrimination practices.

N/A

Requirement

WorkBright Process

Y/N

​​Automatically pre-populate the Form I-9 with employee information derived from information that the employer has accessed externally, such as by importing information from an employee’s job application.

WorkBright does not automatically populate Form I-9 fields using externally sourced data. Employees first review information displayed in a preliminary “Section 0” step, where they may edit, add, or remove information as permitted. Only after employee review and affirmative action is information voluntarily submitted to Section 1.

Yes

Complete a Form I-9 on an employee’s behalf unless the employer is helping an employee complete Section 1 as a preparer or translator. In such cases, the employer must complete the required fields for preparers and/or translators.

WorkBright does not allow administrators to complete Section 1 on behalf of an employee. When an employer assists as a preparer or translator, WorkBright supports proper completion of the required preparer/translator attestation fields.

Yes

Remove any Form I-9 fields, or request more or different information than the Form I-9 requires.

WorkBright preserves all required Form I-9 fields and does not request additional information beyond what the Form I-9 requires. While employers may configure custom onboarding fields for internal use, those fields do not populate or alter the Form I-9.

Yes

Add or remove steps in the E-Verify process if the employer uses E-Verify. In addition, any software integration must comply with the E-Verify web services Interface Control Agreement.

WorkBright complies with the E-Verify web services Interface Control Agreement and does not add, remove, or bypass any required steps in the E-Verify process.

Yes

Prevent preparers or translators from assisting an employee to complete Section 1.

WorkBright always allows employees to designate a preparer or translator during Section 1 completion and supports proper documentation of that assistance.

Yes

Auto-correct, use predictive text, or post-date a Form I-9.

WorkBright does not include auto-correction, predictive text, or post-dating functionality within the Form I-9 workflow.

Yes

Fail to document any changes made to a Form I-9 in an audit trail.

WorkBright records all changes, corrections, and updates to Form I-9 records in a comprehensive audit and paper trail.

Yes

Change or update an employee’s Section 1 citizenship or immigration status attestation. If an employee is correcting a previously made error, the employee (or their preparer or translator) must be the one to make the correction in Section 1.

WorkBright does not allow administrators to modify or update an employee’s Section 1 attestation. Corrections to Section 1 must be made by the employee or their designated preparer or translator.

Yes

Request unnecessary documentation (such as reverifying an employee’s identity or impermissibly reverifying an employee’s permission to work in the United States). For example, employers should avoid Form I-9 software programs that generate notifications suggesting that an employee must show a different or additional document based on an expiring List B identity document or a Permanent Resident Card.

WorkBright does not request specific documents or generate prompts for additional or alternative documentation. The platform displays only the USCIS-published Lists of Acceptable Documents in the order provided by the agency.

Yes

Create new E-Verify cases due to corrrections made to the Form I-9 if the employee already received an “employment authorized” result.

WorkBright does not create new E-Verify cases following Form I-9 corrections when a valid “Employment Authorized” result already exists. New cases are created only in limited circumstances involving submission errors where no valid original case was successfully submitted.

Yes

Requirement

WorkBright Process

Y/N

Claim government endorsement, certification, or approval. The federal government does not approve, endorse, or certify any Form I-9 software programs, including any private sector commercial or proprietary products.

WorkBright does not claim government endorsement, certification, or approval of its Form I-9 or E-Verify software.

Yes

Impose unnecessary obstacles that make it harder for employees to start work or get paid, such as by requiring a Social Security number to onboard or by not paying an employee who can complete the Form I-9 and is waiting for a Social Security number.

WorkBright allows employees to complete and submit their Form I-9 when they indicate they are awaiting issuance of a Social Security number, consistent with Form I-9 and E-Verify rules.

Yes

Do not provide technical assistance and support.

WorkBright provides technical assistance, customer support, and compliance-oriented guidance to employers using the platform.

Yes