If you do, be advised that you may be running afoul of the immigration laws. In a recent letter regarding whether an employer (who is also an E-Verify employer) can share its Employment Eligibility Verification forms (“Form I-9″) with a third party for payroll purposes the short answer is “no”. In the cited instance, the employer would provide Forms I-9 to a private vender who would issue “pay cards” to the employer’s employees. The third party vendor was permitted to inspect the Forms I-9 to verify the employee’s identity.
According to the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) — part of the Department of Justice — a Form I-9 cannot be used for purposes other than for enforcement of the Immigration and Nationality Act (INA). Which is true if you read 8 U.S.C. § 1324a(b)(5) regarding limitations on use of the Form I-9. According to OSC, “sharing Forms I-9 with a private entity in order to have that entity verify employee’s identities for payroll purposes is not a use related to enforcement” of the INA. Also, they go on to correctly point out that if one is an E-Verify employer and they are sharing E-Verify related information with a third party, such as the results, that employer may also be running afoul of the Memorandum of Understanding they have with the Verification Division of the Department of Homeland Security.
Bottom line, do not share your Forms I-9 with private vendors.