The Department of Homeland Security announced a final rule this week that makes minor changes to the June 2006 interim rule concerning electronic storage of I-9 forms. The final rule is effective August 23, 2010. Please note that this final rule concerns only the preparation and storage of the actual I-9 forms. The online E-Verify system, which some employers may be using, is a separate system that employers may use in addition to, but not instead of, the basic I-9 process.

The June 15, 2006 Interim Rule

Since June 15, 2006, employers may prepare, sign and store I-9 forms electronically. The regulation does not specify any particular format or software. Employers opting for electronic preparation and storage of I-9's simply must follow the regulatory guidance. In particular, the electronic system must be accurate and reliable, have security features to prevent unauthorized or accidental changes to the documents, provide for periodic quality assurance self-audits, have a searchable indexing system and allow for high-quality image viewing and printing. The electronic signature feature must affix the signature to the document at the time the form is prepared and contain a record verifying the signatory's identity.

The July 22, 2010 Final Rule

The final rule makes only a few changes to the June 2006 interim rule:

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