The Department of Homeland Security has made some changes to the rules relating to creation and retention of electronic I-9s. The new rules clarify some employers’ concerns and could make the use of electronic I-9s more efficient.

The rule, scheduled to take effect August 23, 2010, includes the following:

• Employers may use paper, electronic or a combination of paper and electronic storage systems;
• Employers may change electronic file storage systems as long as the new systems meet federal guidelines;
• Employers need to retain an audit trail of an electronic I-9 only when the form is created, completed, updated, altered or corrected (previously, employers were required to maintain audit trails each time the form was viewed);
• Employers might provide an employee with a printed confirmation of an I-9 transaction, but are not required to do so, unless the employee requests a copy;
• Employers have three business days from the time of hire (rather than three calendar days) to complete the form.

These changes are in response to comments made by trade associations and agencies involved in human resource management.

Employers planning to use I-9 electronic storage systems should become familiar with the specific regulations relating to auditing and reproduction.

For more information about I-9 Forms, click here.