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Homeland Security issues final electronic Form I-9 regs

The Department of Homeland Security (DHS) issued final regulations to provide that employers and recruiters or referrers for a fee who are required to complete and retain the Form I-9, Employment Eligibility Verification, may sign the form electronically and retain the form in an electronic format. The final rule makes minor changes to the interim final rule issued in 2006 and is effective August 23, 2010.

Format of the Form I-9. Employers are allowed to complete, sign, scan, and store the Form I-9 electronically, including an existing Form I-9.

Minor rule changes. The DHS made minor changes to the interim final rules to clarify that:

  • Employers must complete a Form I-9 within three business (not calendar) days;
  • Employers may use paper, electronic systems, or a combination of paper and electronic systems;
  • Employers may change electronic storage systems as long as the systems meet the performance requirements of the regulations;
  • Employers need not retain audit trails of each time a Form I-9 is electronically viewed, but only when the Form I-9 is created, completed, updated, modified, altered, or corrected; and
  • Employers may provide or transmit a confirmation of a Form I-9 transaction, but are not required to do so unless the employee requests a copy.

Source: 75 FR 42,575, July 22, 2010.