Under
this law, employers will have a variety
of electronic Form I-9 options. For
example, employers may interpret the law
to mean that they may continue to
complete Forms I-9 on paper but choose
to store the forms electronically.
Alternatively, employers may choose to
both complete and retain the Form I-9
wholly electronically.
It is
important to note that there is no
single government-wide electronic
signature or record-keeping standard.
However, some federal agencies have
provided electronic record-keeping
standards for their own transactions
with the public. For example, the
Internal Revenue Service (IRS) has
established electronic standards (IRS
Revenue Procedure 97-22) that provides
helpful guidance for electronic storage
of records for taxpayers. These
standards may serve as a helpful
reference for employers until DHS issues
regulations to govern the storage of
Forms I-9.
The use
of accepted standards ensures the
integrity, accuracy and reliability of
the electronic signature and storage
system. For example, if a Form I-9 is
completed electronically, the electronic
signatures used to manifest the required
attestations should be created though
use of a system that includes a method
to acknowledge that the attestation to
be signed has been read by the signatory
and attach (or logically associate) the
electronic signature to an
electronically completed Form I-9 at the
time of the transaction. Currently,
electronic signatures are accomplished
using various technologies, such as
electronic signature pads, Personal
Identification Numbers, biometrics and
“click to accept” dialog boxes.
The
electronic storage system used by an
employer to retain the Form I-9 may
include a quality assurance program that
includes regular evaluations of the
system. Such evaluations could include
periodic checks of electronically stored
data and methods to prevent and detect
the unauthorized creation of, addition
to, alteration of, deletion of, or
deterioration of electronically stored
data. To facilitate Form I-9 inspections
by officers of DHS, OSC, and DOL,
employers may consider an electronic
storage system that includes an indexing
system and ability to reproduce legible
and readable hardcopies of
electronically stored Forms I-9.
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