On July 22, 2010 the U.S. Department of Homeland Security finalized a regulation allowing employers to electronically complete, sign, and retain Forms I-9. DHS adopted an interim rule in 2006 allowing electronic storage of Forms I-9. The new regulation contains several modifications to the interim rule: employers must complete Form I-9 within three business, rather than calendar days; employers may use paper, electronic, or a combination of paper and electronic Forms; employers may change electronic storage systems as long as the systems meet the performance requirements of the regulations; employers need not retain audit trails each time a Form I-9 is electronically viewed; and employers are not required to provide a confirmation of a Form I-9 transaction unless the employee requests a copy. The full text of the new regulation is available here.
Please contact your designated Gibney representative or email immigrationalerts@gibney.com for additional details regarding this announcement, or for advice on developing protocols and best practices concerning the use of E-Verify or other immigration-related onboarding processes.
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This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents of this article may be considered attorney advertising in some states.