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.
