On July 22, 2010, the Department of Homeland Security (DHS) issued a final rule amending the requirements for electronic I-9s. The final rule makes minor changes to an interim rule issued in 2006. These changes include the following:

• Clarification that employers must complete a Form I-9 within three business (not calendar) days. DHS explains that the word “business” had been inadvertently omitted from the interim rule;
• Employers may use paper, electronic systems, or a combination of paper and electronic systems for retention of I-9s;
• 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, but only when the Form I-9 is created, completed, updated, modified, altered, or corrected; and
• If an employee requests a printed record of the audit trail or transaction record of an electronic I-9, employers must provide one. However, they are not required to do so unless the employee requests it.

The final rule is effective August 21, 2010.

By Hilary L. Velandia, mailto:hvelandia@dsa.com