Electronic Storage and Signature of I-9 Forms

The Department of Homeland Security issued interim regulations, effective June 15, 2006, explaining the standards for electronic retention and processing of I-9 forms. These rules interpret a law passed by Congress in April, 2005.

The new regulations explain the requirements employers must meet if they wish to sign and store I-9 forms electronically. These rules don't require employers to use a particular type of system; instead, they prescribe minimum standards employers must follow if they wish to use an electronic system.

For example, the employer's electronic storage system must guard against unauthorized use of the information, protect the accuracy and integrity of the records, and allow records to be searched and reproduced. Employers are also required to provide certain information about its records and system to the government, upon request.

What Employers Should Do After Receiving a "No-Match" Letter

The Department of Homeland Security has also issued some guidance for employers who are told, by the Social Security Administration or by the Department of Homeland Security following an audit, that the Social Security number or other information they have for an employee does not match government records. These new rules tell employers what steps they should take after receiving a "no-match" letter, in order to avoid legal liability for knowingly employing an unauthorized alien.