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I-9 Final Rule Issued
7/26/2010

The Department of Homeland Security (DHS) recently issued a final rule making a number of minor revisions to the regulations governing the I-9 process used by employers to document newly hired employees' eligibility to work in the United States.  The issuance of the final rule incorporates with some slight modifications the provisions of an interim rule issued in 2006.  The highlights are as follows:

1.  A language clarification was added to make clear that employers have three business days to complete the I-9 process as opposed to three calendar days.

2.  The interim rule allowed employers to use either a paper or electronic retention system and the the final rules allows paper, electronic, or some combination of a paper and electronic system.

3.  The final rule allows employers to maintain a separate I-9 file or to store I-9 documents within the files containing the employees' other personnel documents.

4.  The final rule relaxed the audit trail requirements for electronic storage systems requiring only an audit trail for record creation, modification, or deletion.  In essence, a viewing of the I-9 document does not need to be recorded by the electronic storage system.

5.  The interim rule required employers to provide employees with a printed receipt showing the record each time it is modified.  This requirement was relaxed to allow employers to only provide a printed receipt upon the request of an employee.

While the final rule made a few other changes, the ones listed above are the high points.  For those interested in reading the final rule, it can be found at http://edocket.access.gpo.gov/2010/2010-17806.htm.

 

 


Editors
Don Berner Image
Don Berner, the Labor Law, OSHA, & Immigration Law Guy
Boyd Byers Image
Boyd Byers, the General Employment Law Guy
Jason Lacey Image
Jason Lacey, the Employee Benefits Guy
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