75 Fed.Reg. 42575 (July 22, 2010)

On July 22, 2010, DHS published a final rule that deals mostly with electronic signatures and storage of Form I-9, Employment Eligibility Verification. The rule, effective August 23, 2010, finalizes with several changes an interim rule that has been in effect since 2006. Notable changes include:

  • Clarification that the deadline for completing Form I-9 is within three business days (not calendar days) of hire;
  • 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.