Q. How does the U.S. Department of Homeland Security’s new rule change an employer’s Form I-9 responsibilities?
A. Employers must complete a Form I-9 for each employee, attesting to his or her eligibility to work in the United States.
In July 2010, the DHS published a final rule in the Federal Register relating to electronic I-9 forms. The rule makes the following changes:
- Employers must complete a Form I-9 within three business days.
- 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, just when the Form I-9 is created, completed, updated, modified, altered or corrected.
- 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.
The rule became effective on Aug. 23.