The Department of Homeland Security has issued a final rule to revise the regulations regarding completion and retention of I-9 forms. The revision gives employers the discretion to sign and retain I-9 forms electronically.Â
In June 2006, DHS issued an interim final rule that permitted electronic signature and storage of I-9 forms. The interim rule amended DHS regulations to permit employers to complete, sign, scan and store the I-9 forms electronically, including existing I-9 forms. In this final rule, DHS made minor modifications to clarify certain provisions. Specifically, employers:
- Must complete a form I-9 within three business (not calendar) days;
- May use paper, electronic systems, or a combination of paper and electronic systems;
- May change electronic storage systems as long as the systems meet the performance requirements of the regulations;
- 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
- 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.