I-9 Central: Electronic Form I-9
Employers are not allowed to add additional data fields or language to Form I-9. Section 8 CFR 274a.2(a)(2) states that Form I-9 can be electronically generated or retained, provided there is no change to the name, content, or sequence of the data elements and instructions; no additional data elements or language are inserted; and the standards specified under paragraphs (e), (f), (g), (h), and (i), as applicable, are met.
There is no prohibition in the laws governing the I-9 that would preclude a Notary, acting as the employer’s authorized representative, from using an eNotary (electronic notary) to sign the Form I-9 as long as all of the Form I-9 requirements are met. The notary would need to physically examine the documents the employee presents to establish identity and work authorization and determine whether the documents presented reasonably appear to be genuine and to relate to the individual. The employee must be physically present with the examiner of the documents during the examination. The person who examines the documents must be the same person who completes and signs Section 2. In addition, if a Form I-9 is completed electronically, the form and process used must be in compliance with 8 CFR 274a.2(e)-(i). Online audio-video conference technology is not an acceptable method of examining documents for the purpose of the Form I-9.
The DHS seal is not required when creating an electronic Form I-9 and should be left off the form.
No. The Form I-9 must remain in a locked pdf. format in order to ensure its integrity. You obtain a locked version by clicking here.
Employers who wish to implement an electronic Form I-9 with an electronic signature function may re-create a Form I-9 that includes such a function, as long as the resulting form is legible; there is no change to the name, content, or sequence of the data elements and instructions; no additional data elements or language are inserted; and the standards specified under 8 CFR 274a.2(e) through (i), as applicable, are met. The system used to generate and store the electronic Form I-9 also must comply with regulations found at 8 CFR 274a.2 (e)-(i). See pages 28-29 of the Handbook for Employers (M-274) (PDF): Instructions for Completing Form I-9 for more information.
The Form I-9 posted to the USCIS website does not currently have an electronic signature function.