A new frontier in I-9 processing came into effect in April 2005 when it became permissible for employers to store electronic versions of completed I-9 Forms rather than paper versions.  The new law allows for I-9s to be completed and signed electronically: However, the electronic I-9 law does not change any of the previous requirements for employers regarding the completion of Forms I-9 for all employees hired on or before November 6, 1986.

All types of Employers are beginning to adopt the electronic signature approach due to the efficiency of the electronic signature, easy storage, and eliminating the need to maintain paper I-9 forms.  Employers that have adopted the electronic signatures state that their hiring processes are smoother and timelier.

U.S. Immigration and Customs Enforcement, (“ICE”) makes it clear that employers may choose to complete forms manually while storing them electronically.    They have also established acceptable standards to ensure the accuracy, integrity and reliability of the electronic signature and storage system.  Electronic signatures may be implemented with various technologies, such as electronic signature pads, Personal Identification Numbers, biometrics and “click to accept” dialog boxes. 

Any employer, who stores I-9 forms electronically or applies an electronic signature to the I-9, must demonstrate that the electronic signature can be authenticated.  Employers must also establish security controls, eligibility verification procedures, inspection requirements and quality assurance documentation.