Many employers use an electronic I-9 system to complete and store the Form I-9. Other employers may complete the I-9 electronically and store it in paper copy or vice versa. Electronic I-9 systems may help employers avoid paperwork errors, manage the completion and retention of I-9s and help streamline the human resources department’s I-9 duties. This chapter discusses third-party electronic I-9 systems and does not address the fillable PDF Form I-9 issued by USCIS since November 14, 2016, which can be completed on the computer and then printed and signed or signed electronically. If an employer uses electronic storage of the Form I-9 or uses a third-party system to complete the Form I-9 electronically, it must comply with the requirements discussed in this chapter.
To comply with the I-9 and Employment Verification requirements, electronic I-9 systems must meet certain standards set out in the I-9 regulations. In the fall of 2012, Immigrations and Customs Enforcement (ICE) produced a memo entitled “Guidance on the Collection and Audit Trail Requirements for Electronically Generated Forms I-9,” containing guidance for electronically storing and generating I-9 forms and interpreting the regulations.
This memo was ICE’s effort to standardize protocols and build a...
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