On July 22, 2010, DHS published a final rule in the Federal Registrer that amended an interim final rule dealing with the electronic signature and storage of Form I-9, Employment Eligibility Verification.  The I-9 form is used by an employer to verify an employee's identity and to establish that the worker is eligible to accept employment in the United States.  Set to take effect on August 23, 2010, the final rule allows employers to complete, sign, scan and store Form I-9 electronically as long as certain performance standards are followed.

The rule allows employers to use either a paper or electronic storage system for the I-9, or a combination of both.  However, regardless of the system employers choose to use, DHS cautions employers to be consistent to avoid the appearance of discrimination.  The rule specifies that the employermay store ancillary documents used to verify the employee's identity and eligibility to work but they are not required to do so.  Finally, only those pages containing employer and employee information must be retained.  Instruction pages need not be retained.

Other key points of the final rule require that employers:

• Complete Form I-9 within three business days rather than three calendar days of an employee's start date;
• May change their method of storage as long as the new systems continue to meet the performance standards stated in the regulations;
• Need only retain audit trails when an I-9 is created, completed, updated, modified, altered and corrected.  No trail must be retained if the I-9 is simply viewed and no changes are made;
• May provide a confirmation of a Form I-9 transaction to the subject employee but are not required to do so unless requested by the employee.

The final rule does not change the requirement that the employer physically examine, in the presence of the employee, any documentation provided to satisfy the requirements of the I-9. Berardi Immigration Law is ready to assist employers with any and all employment authorization compliance-related questions.  To contact our office, click here.

Page Summary: DHS issues final rule regarding electronic signature and storage of form I-9

Disclaimer: The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 2010 Berardi Immigration Law.