NEWSCONTACTSITE MAPPRIVACY POLICY

New Electronic Guidelines for I-9 Administration

New I-9 guidelines published in the July 22, 2010 Federal Register (75 Fed. Reg. 42,575) enable employers to complete, sign, scan, and store the form electronically. Now the process is easier with electronic handling, it requires less hardcopy document storage space and it facilitates transmittal of I-9s. Still, careful attention to the actual verification process is as important as always for hiring authorities. New guideline key points for I-9 handling include—

· As long as systems comply with performance requirements of the regulations, employers may change their electronic storage systems

· Employer audit trails are not required for every time a Form 1-9 is viewed electronically; however, audit trail is required when the 1-9 form is created, completed, updated, modified, altered, or corrected

· I-9 Forms are to be completed with three (3) business (not calendar) days of employment

· Paper systems, electronic systems or a combination of paper and electronic systems may be used

· Providing or transmitting confirmation of an 1-9 transaction is permitted, yet employers need not do so unless the employee requests a copy

Employers should acquaint hiring authorities and related personnel with effective use and storage of I-9 Forms, periodically review the effectiveness of organization I-9 use and handling as well as routinely review the forms themselves for critical factors such as expiration of visas. In addition to overall effective handling of I-9, responsible personnel should know—

· Employers need to store and retain only I-9 pages that have the employer-entered and employee-entered data (I-9 instruction pages need not be kept).

· The regulation establishes that employers must be able to produce a reasonable facsimile or copy of the Form 1-9.

· Per the guidelines, employers may, but are not required to, copy or make electronic images of employment verification documents. However if employer policies require keeping such verification documents, then employers should apply the collateral retention policy consistently for all employees to avoid claims of discrimination.

· The rule pertains only to the storage of the 1-9 Form and not to its content.

· Verification documentation and 1-9 Forms may be separately stored in an I-9 file or as part of the employee’s other employment records.

For more on trends and interventions for going forward, contact PHRST at hr@phrst.com.

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