Ask our experts: Ensuring compliant Form I-9 processes

As US Immigration and Customs Enforcement (ICE) continues to escalate Form I-9 audits, expand its interpretation of what constitutes technical versus substantive violations and shift its subsequent enforcement patterns, the Brightmine Ask Our Experts service has received a number of questions from HR professionals trying to stay ahead of the latest I-9 compliance changes.

To help with your understanding and compliance, here are a few of the latest pain points we’ve been hearing about.

Social Security Numbers on the Form I-9

Q: In some cases, we hire candidates who do not yet have a Social Security Number (SSN) at the time of hire. The candidate later receives an SSN after the I-9 form has already been signed and processed.

• Are we legally permitted to update or modify the SSN field on the already signed document once the SSN is issued?
• If modifying the original document is not recommended, what is the best practice?
• Are there any documentation or audit trail requirements we should be aware of when making this update?

A: Preliminarily, please note that an employee is not required to enter their SSN in Section 1 of the Form I-9 unless the employer participates in E-Verify. Consequently, an employee may voluntarily provide their SSN or leave this field blank if the employer does not use E-Verify.

Employees who have not yet received their SSN and who can satisfy all other Form I-9 requirements may work while awaiting their SSN. If the employer uses E-Verify and this field is required, it should have the employee enter their SSN in Section 1 as soon as they receive it.

To take the most conservative approach, an employer may want to have the employee initial and date the SSN field on the completed I-9 to document that the SSN was missing information that was later added. The employer may also want to attach a written explanation of why the information was originally missing. If the employer is using an electronic I-9 system, the audit trail should reflect all corrections and additions made to Sections 1 and 2 and Supplements A and B.

Digital storage of Forms I-9 and related documents

Q: Can you please advise if an employer is able to digitally store historical I-9 forms and documents in Microsoft One Drive? Is there any legality or compliance risk with using this storage method? And is there a best practice for maintaining security/privacy digitally?

A: Forms I-9 may be stored on paper, microfilm, microfiche or electronically. If an employer wants to retain Forms I-9 electronically, employers must comply with 8 CFR 274a.2, which requires that the electronic storage system include the following:

• Reasonable controls to ensure the integrity, accuracy and reliability of the electronic generation storage system;
• Reasonable controls designed to prevent and detect the unauthorized or accidental creation of, addition to, alteration of, deletion of or deterioration of an electronically completed or stored Form I-9, including the electronic signature if used;
• Controls to ensure an audit trail so that any alteration or change to a Form I-9 since its creation is electronically stored and can be accessed by an appropriate government agency inspecting the forms;
• An inspection and quality assurance program that regularly evaluates the electronic generation or storage system and includes periodic checks of the electronically stored Form I-9, including the electronic signature if used;
• A retrieval system that includes a detailed index of all data so that any particular record can be accessed immediately; and
• A high degree of legibility and readability when displayed on a video display terminal or reproduced on paper and the ability to reproduce legible and readable hardcopies.

To meet the requirements outlined above, for each electronic generation or storage system used, the employer retaining the Form I-9 must maintain and make available complete descriptions of the system, including all procedures relating to its use and the indexing system.

In addition, an employer that chooses to complete and/or retain Forms I-9 electronically must maintain and make available to a federal agency upon request documentation of the business processes that:

• Create the retained Forms I-9;
• Modify and maintain the retained Forms I-9; and
• Establish the authenticity and integrity of the Forms I-9, such as audit trails.

Further, any employer that elects to complete or retain Forms I-9 electronically must implement a detailed effective records security program that meets specified requirements.

To determine whether Microsoft One Drive can meet these detailed requirements, Brightmine recommends that an employer consult with its IT department and/or experienced immigration counsel. However, it is likely that One Drive would need to be configured carefully and used in conjunction with third-party software to provide the required security and audit trails.

Temporary protected status (TPS) and Form I-9

Q: Recently there has been an update to USCIS guidelines regarding Termination of TPS for Haiti. According to these guidelines:

1. In Section 1 of the I-9, if an employee chooses Option #4, the employee should input as per court order in the field labelled ‘Expiration Date (if any)’ and
2. In Section 2, the employee should enter March 27, 2026 along with a note in Additional Information section.

This might be quite confusing for our employees, who would not intuitively write ‘per court order’ in the date field. Additionally, our software only provides a calendar picker for expiration date – we don’t have the ability to enter text. Also, I’m not sure what the contents of the Note should be for the second item.

Is it alright to ask the employee to enter March 27, 2026, in the expiration date field? Then in Section 2, the internal reviewer or the Auth Rep could ‘as per court order’ in the additional note section? We would have to ask our software provider to add an additional note section as it doesn’t currently exist.

A: As of April 30, 2026, when this question was asked and answered, the latest USCIS guidance regarding Haiti TPS was as follows:

• When completing the Expiration Date (if any) fields on Form I-9, input “as per court order” in Section 1 and “July 1, 2026” in Section 2 along with a note in the Additional Information box.
• The note in the Additional Information box should reference the court stay (Miot et al. v. Trump et al., No. 25-cv-02471-ACR (D.D.C.).) and USCIS guidance along with the applicable expiration date.
• Employers may download the latest USCIS guidance and TPS Haiti webpages and attach them to Form I-9.
• When completing a case in E-Verify, enter the expiration date of “July 1, 2026” from the Form I-9.
• Employers should check the USCIS websites regularly for updated information.

Brightmine does not recommend deviating from specific USCIS guidance, which would likely result in non-compliance and an I-9 violation. Instead, we suggest training employees responsible for completing the Form I-9 process in the latest agency guidance for any country with a TPS designation. If an employer’s current electronic I-9 software does not have an Additional Information box or the capability of entering text in the expiration date field, it is out of compliance with this guidance and various other TPS and I-9 requirements, and we strongly suggest contacting your software provider and experienced immigration counsel so they can advise you on how to proceed.