Jul 23 2010

USCIS Publishes Final Rule Amending I-9 Regulations

On July 22, 2010, USCIS published in the Federal Register a final rule that made minor changes to the rule related to electronic employment eligibility verification. The final rule now states that employers and recruiters/referrers who are required to complete and retain the I-9 Form may, for a fee, sign the form electronically and retain a digital version of the form.

Additionally, the final rule clarifies that employers are required to complete a new hire’s I-9 Form within three business days of hire (not calendar days). The rule states that employers may use paper, electronic systems or a combination of the two in their I-9 compliance management. Additionally, employers are able to change electronic storage systems, as long as those systems meet the requirements of federal regulations. Employers do not, the rule states, need to maintain an audit trail of each time an I-9 Form is viewed; instead, they must maintain records of when the form was created, completed, updated, modified, altered or corrected.