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Monday, July 26, 2010

Electronic I-9 Final Rule Allows Employer Flexibility

USCIS published a final rule (75 Fed. Reg. 42575 (July 22, 2010)) which amended 8 C.F.R. §274a.2 to allow employers who choose to use an electronic I-9 system flexibility in the following:

• Employers may switch to an electronic I-9 system without converting their retained paper I-9 forms to a digital storage data. The rule expressly provides that the employer 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 are allowed to index in such a manner that permits the identification and retrieval of documents and records, but are not required to search by any data element.

• 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.