Build vs. buy: The real I-9 compliance tradeoffs

When setting up an I-9 process, organizations often face the question: Should we build an in-house solution or buy from a specialized provider? On the surface, the decision can feel straightforward. After all, Form I-9 is “just a form,” right?

In reality, compliance is where this decision gets complicated — and where many in-house builds underestimate the true scope of the work.

Let’s dig into what it really takes to support I-9 compliance end-to-end, and why many organizations decide buying is safer than building.

Dealing with a constantly changing I-9 landscape

Form I-9 regulations change frequently due to legislative, regulatory, and political shifts. In just the last few years, employers have had to adapt to:

• Temporary COVID-19 flexibilities
• The expiration of remote inspection allowances
• The introduction of the Alternative Procedure
• Rapidly changing TPS guidelines and EAD expirations
• Evolving state-level requirements

Staying compliant means not only understanding these changes but operationalizing them quickly across systems, workflows, and frontline teams.

The “it’s just a form” trap

From a product or engineering perspective, Sections 1 and 2 of the I-9 aren’t overly complex. This is often where teams begin scoping the effort and conclude they’re 90% done.

But the true challenge of I-9 compliance lies underneath the surface.

Unlike many HR tools, where functionality can be phased in over time, I-9 workflows must be complete, compliant, and audit-ready from the moment you go live. If required workflows are missing or partially built, an organization is immediately exposed to compliance risk.

In other words, you can’t launch with “just enough” I-9 functionality and fill in the gaps later — because those gaps are where noncompliance lives.

The real complexity of building an I-9 solution

1. Ongoing I-9 workflows (corrections, reverifications, receipts, Supplement B)

Many I-9s require ongoing attention long after the initial completion. This includes:

• Corrections and re-signatures
• Expiring work authorizations
• Receipt tracking
• Supplement B workflows

Each of these requires dashboards, alerts, and structured workflows that are frequently overlooked in early scoping. For high-volume employers, these workflows are not optional, and building them alone can easily double the initial development effort.

2. E-Verify integration is more than auto-submission

Automatically ordering an E-Verify case is the easy part.

The real challenge lies in case management, which includes:

• Dozens of case statuses and employer actions
• Dashboards for unconfirmed cases
• Timely employee notifications
• Backend logic to handle government response delays

Working with government APIs is complex on its own. Many in-house I-9 builds stall entirely once teams encounter the realities of E-Verify case management.

Some organizations attempt a workaround by auto-submitting cases and forcing HR teams to manually manage them in the E-Verify web portal. This approach doesn’t scale — and for high-volume employers, it can severely impact HR productivity and timelines.

Government systems also go down. Handling in-flux cases and restarting workflows quickly is critical to staying compliant.

3. TNC workflows are the hardest part of E-Verify

If an organization makes it far enough to build a fully integrated E-Verify experience, Tentative Nonconfirmation (TNC) workflows become the largest challenge.

TNCs require:

• Generating and delivering a Further Action Notice (FAN)
• Physical delivery in some states
• Employee response tracking
• Feeding responses back into E-Verify
• Strict adherence to government timelines

If handled digitally, every step must be tracked and documented, which introduces even more complexity around compliance, reporting, and audit readiness.

4. USCIS-compliant audit trails

Whether you build a full I-9 + E-Verify system or just a digital I-9, USCIS requires extremely detailed audit trails.

A compliant audit trail must show:

• A clear chain of custody across the entire I-9 lifecycle, including ordering, completion, signing, corrections, and re-signing.
• Time and date stamps, with GUID references that link each action to the correct digital document copies.
• IP addresses associated with key actions taken on the I-9.

Many ICE audits — and a significant portion of resulting fines — stem from incomplete or inaccurate audit trails, not just form errors.

5. Secure storage and PII risk

I-9 storage includes:

• The form itself
• Copies of List A, B, and C documents
• Supporting documentation across multiple endpoints

Managing this volume of sensitive PII requires a well-architected collection and storage strategy. Any gaps introduce compliance, security, and reputational risk.

6. Ongoing compliance support for the field

There are over 200 acceptable documents that can be used for completing Form I-9 correctly.

Organizations that build in-house don’t just own the software, they also own:

• Supporting recruiters and HR teams with document questions
• Handling edge cases
• Interpreting nuanced compliance scenarios

Even organizations with the resources to build I-9 and E-Verify systems internally often outsource because of the ongoing expertise required, especially in high-turnover or high-volume situations.

Build vs. buy: reframed

Build

Building an in-house I-9 solution offers control and customization, which may be appealing for organizations with highly specific requirements. However, the effort extends far beyond form completion and requires:

• Significant engineering investment
• Continuous legal and compliance oversight
• UX and backend development for complex workflows
• Dedicated support resources

For most employers, the hidden complexity, ongoing maintenance, and compliance risk make this a heavy lift.

Buy

Buying a purpose-built I-9 solution transfers the burden of:

• Regulatory monitoring
• Workflow complexity
• Government integrations
• Compliance expertise

Instead of reinventing the wheel, organizations gain immediate access to proven workflows, scalable infrastructure, and expert support.

How WorkBright can help

WorkBright was built specifically to handle the full complexity of end-to-end I-9 and E-Verify compliance — not just Sections 1 and 2.

We manage:

• Corrections, reverifications, and receipt tracking
• Fully integrated E-Verify case management
• TNC workflows and employee communications
• USCIS-compliant audit trails
• Secure storage of sensitive documentation
• Ongoing compliance support

Every workflow is built and vetted by immigration attorneys and compliance experts, so you don’t have to second-guess your process.

The bottom line

The build vs. buy decision isn’t about whether you can build an I-9 solution. It’s about whether you want to take on the risk, the ongoing complexity, and the compliance burden.

For organizations hiring at scale, choosing a specialized solution like WorkBright is often about peace of mind — knowing your I-9 and E-Verify processes are handled correctly from day one.

If you’re looking for a partner to help you navigate scalable verification, E-Verify, and ongoing regulatory change, WorkBright is here to help.