New interim regulation permits electronic storage of I-9 forms

A newly adopted interim regulation will (finally) permit employers to electronically store images of I-9 forms. The Department of Homeland Security adopted the interim regulation effective June 15, 2006. Public comments are solicited through August 16, 2006.

The interim regulation can be found here.


The interim regulation seems pretty straighforward. The I-9 rules are amended to explicitly list electronic storage as a permitted method of recordkeeping for the I-9 forms. In addition, the interim regualtion permits electronic signatures. Slightly different standards apply, but both the employee and the employer are permitted to sign the form I-9 electronically.