I-9 and E-Verify Updates
Wednesday, September 1, 2010

In July, the U.S. Department of Homeland Security (DHS) issued two sets of rather inconsistent statements regarding I-9 Compliance.  The DHS announced a new “interpretation” of the I-9 Employment Verification regulations which allows employers four days, rather than the previous limit of three days, for completion of the Form I-9 after the start of employment for new hires.  For those employers who use E-Verify, the same four-day deadline will apply.  While the announcement was phrased as a clarification of existing policy, it represents a surprising new interpretation of a rule in place for over 20 years.

Meanwhile, upon issuing the final rule on I-9 electronic storage, the DHS reiterated the three-day requirement.  On August 22, 2010, final regulations will go into effect regarding how employers may use electronic systems to complete and store their I-9 Forms.  The principal changes will be as follows:

  • Employers must complete Section 2 of the Form I-9 within three business (not calendar) days.*
     
  • Employers may use paper, electronic systems, or a combination of paper and electronic systems.
     
  • Employers may change electronic storage systems as long as the systems meet the performance requirements of the regulations.
     
  • The audit record-keeping system has been modified.

In light of July’s DHS guidance regarding the change from the three-day rule to a four-day rule, there remains confusion as to how the DHS will implement the new regulation concerning electronic storage. 

 

NLR Logo

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up to receive our free e-Newsbulletins

 

Sign Up for e-NewsBulletins