On October 30, 2004, President Bush signed into law Public Law 108-390, which permits I-9 forms to be stored either electronically or in traditional "hard copy" form.  Further, the law allows employers to sign I-9 forms electronically as well as through a handwritten signature.  According to P.L. 108-390's legislative history, the bill should help larger employers with multiple offices, as electronic I-9 form storage will allow employers to "easily maintain a single I-9 storage system for various facilities throughout the country."  Furthermore, large companies experiencing high employee turnover will have their paperwork and storage space burden eased, as all I-9 forms nationwide could be stored on a single server. 

Per the existing Electronic Signatures in Global and National Commerce Act, electronic signatures on contracts and other documents have been deemed valid and enforceable to the same extent as handwritten signatures.  P.L. 108-390 makes clear that Forms I-9 are among those documents for which electronic signatures may be used in lieu of handwritten signatures.  The law has been given 180 days before taking effect, so as to allow the Department of Homeland Security (DHS) sufficient time to promulgate regulations advising employers on how to take advantage of the new law.  Until DHS publishes regulations and guidance for electronic signature and storage of Forms I-9, employers should not change their current I-9 procedures.  Jackson & Hertogs will provide updates on the regulations implementing the new law as this information becomes available.

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