Effective August 23, the Department of Homeland Security will allow employers who are required to complete and retain the Form I-9, Employment Eligibility Verification, to sign the form electronically and retain it in an electronic format.

The DHS issued a final rule making the change to an interim final rule on the I-9 Form promulgated in 2006. Form I-9 is retained by the employer who must make it available for inspection upon a request by Immigration and Customs Enforcement investigators or other authorized federal officials such as Wage and Hour enforcement. Employers are required to retain a Form I-9 in their own files for three years after the date of hire of the employee or one year after the date that employment is terminated, whichever is later.