Question: We are recertifying I-9 Forms that were processed under the COVID exception. Since our workforce is primarily remote, can we alter the form to allow for electronic signatures?
Answer: For employers who complete I-9s electronically, it is permissible to alter or create an I-9 form provided that employees are provided instructions for completing the form, the form is legible, there are not changes to the name, content, or sequence of the data elements and instructions, and no additional data elements or language are inserted. An electronic signature may also be used provided that the system for capturing the electronic signatures meets the following criteria:
- Allows individuals to acknowledge that they read the I-9 attestation;
- Attaches the electronic signature to an electronically completed Form I-9;
- Affixes the electronic signature at the time of the transaction;
- Creates and preserves a record verifying the identify to the person producing the signature;
- Provides a printed confirmation of the transaction upon the employee’s request; and
- Includes a method to acknowledge that the employer has attested to the required information in Section 2.
For employers who choose to use electronic signatures to complete I-9 forms, if they do not comply with these standards, the Department of Homeland Security could determine that the company has not properly completed its I-9s, potentially subjecting the company to fines.
