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DHS Publishes Final Rule Relating to Form I-9 Electronic Signatures & Storage

July 22, 2010

The Department of Homeland Security (DHS) published the final regulations relating to the use of electronic I-9 forms for verification of employment eligibility. The major changes in the final regulations, based on public comment, are: 1) confirmation that the forms must be completed within (3) three business days; 2) confirmation that an employer may use a combination of paper and electronic forms; 3) modification to require an audit trail only when electronic I-9 forms are “created, completed, updated, altered, or corrected;” and 4) modification to require employers to provide a copy of the electronic I-9 only if the employee requests confirmation.