Effective August 23, 2010:
The U.S. Department of Homeland Security published a final rule amending an interim final rule on the electronic signature and storage of the Form I-9. This final rule makes minor changes to the interim final rule to clarify:
Time to Complete Form I-9:
• Employers must complete a Form I-9 within three business days (not calendar days).
Electronic Storage Options:
• 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.
Audit Trail Requirements:
• Employers need not retain audit trails for each time a Form I-9 is viewed electronically, but only when the Form I-9 is created, completed, updated, modified, altered, or corrected.
Employee Receipt:
• Employers may provide or transmit a confirmation of Form I-9 transaction, but are not required to do so unless the employee requests a copy.
The Final Rule can be viewed in detail at http://edocket.access.gpo.gov/2010/2010-17806.htm .