Electronic I-9 Employment Eligibility Verification

Wednesday, July 21st, 2010

The law requires all that employers complete an I-9 Employment Eligibility Verification Form for every employee it hires, including U.S. citizens. 

As a appendage to the law, the Department of Homeland Security (DHS) is publishing a final rule that permits and changes how employers can sign and retain required I-9, Employment Eligibility Verification Forms in electronic format.

Background:

Since the passage of the Immigration Reform and Control Act (IRCA), all U.S. employers are required to verify the employment authorization and identity of all employees hired to work in the United States, including United States citizens, hired after November 6, 1986.

Recently, in June 2006, DHS published an interim final rule to permit electronic signature and storage of the Form I-9.  That interim rule amended DHS regulations to permit employers to complete, sign, scan, and store the Form I-9 electronically (including an existing Form I-9), as long as certain performance standards set forth in this final rule for the electronic filing system are met. 

Now, the final rule here with the publication date, July 22, 2010, makes permanent the law allowing electronic I-9 verification and makes changes as well as clarifications to the law.  These changes and clarifications goes into effect 30 days from publication date.

How to Start Electronic I-9 Verification:

You can start making the I-9 process paperless by using our law firm’s paperless- I-9 verification system with optional E-Verify capability. For information, contact us at (202) 234-0899.

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