10.3 Electronic Retention of Form I-9

10.3 Electronic Retention of Form I-9

USCIS provides a Portable Document Format (.pdf) fillable-printable Form I-9 from its website, uscis.gov. In addition, you may generate and retain Form I-9 electronically as long as the employee receives instructions for completing the form and:

  • The resulting form is legible;
  • No change is made to the name, content, or sequence of the data elements and instructions;
  • No additional data elements or language are inserted; and
  • The standards specified in the regulations are met. (8 CFR Part 274a.2(e), (f), (g), (h) and (i) as applicable.)

You may use paper, electronic systems, or a combination of paper and electronic systems. You may complete or retain Form I-9 in an electronic generation or storage system that includes:

  • Reasonable controls to ensure the integrity, accuracy and reliability of the electronic generation or storage system;
  • Reasonable controls designed to prevent and detect the unauthorized or accidental creation of, addition to, alteration of, deletion of, or deterioration of an electronically completed or stored Form I-9, including the electronic signature, if used;
  • An inspection and quality assurance program that regularly evaluates the electronic generation or storage system, and includes periodic checks of electronically stored Form I-9, including the electronic signature, if used;
  • An indexing system that allows the identification and retrieval for viewing or reproducing of relevant documents and records maintained in an electronic storage system; and
  • The ability to reproduce legible and readable paper copies.

If you choose to complete or retain Form I-9 electronically, you may use one or more electronic generation or storage systems, as long as any Form

I-9 retained in the system remains fully accessible and meets the regulations. You may change electronic storage systems as long as the systems meet the performance requirement of the regulations. For each electronic generation or storage system used, you must maintain and make available upon request complete descriptions of:

  • The electronic generation and storage system, including all procedures relating to its use.
  • The indexing system that allows the identification and retrieval of relevant documents and records maintained in an electronic storage system. You are not required to maintain separate indexing data- bases for each system if comparable results can be achieved without separate indexing databases.

Only the pages of the Form I-9 on which you or the employee enter data must be retained.

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