Using Electronic Signatures With the Form I-9

Every US business must use the Form I-9 to verify an individual’s employment eligibility. Traditionally, this is a process based entirely on paper documents. The USCIS, the body overseeing the I-9 process, even allows large volumes of paper I-9s to be stored in high-capacity formats such as microfiche. Today, electronic storage of digital copies of the I-9 is also permissible. Often, these are scanned versions of an I-9 completed by hand and in person. However, that’s no longer the only option.

It is possible to digitize the process entirely under today’s I-9 guidelines. This form requires signatures from the employer and the employee. How can you remain compliant with that need? The answer lies in secure electronic signatures. Today’s technology enables easy online signing for documents in a safe environment.

Is such an approach appropriate for your business and its employees? We can learn more by examining the reasons for adopting such a process and what the USCIS says about electronic I-9s. Here are the facts.

Why Choose a Digital Process?

In today’s fast-paced business environment, slow and manual processes mean trade-offs, even in human resources. While some small businesses may still have no problems handling paper I-9s, growing companies may find issues when upscaling. Likewise, companies with high turnover or seasonal employment face a more complicated task.

By transitioning to an electronic form with valid e-signatures, you can avoid common problems such as:

• Illegible writing or errors during manual completion.
• Damage to physical forms.
• Other mistakes made during the process by either employees or employers.
• Physical storage requirements.

Creating an Electronic I-9 Form for Your Business

The USCIS provides Form I-9 as a digital PDF version that you can download. This page also contains detailed instructions for downloading the forms to different platforms, such as Android mobile devices. To open and use these files, you will need PDF filler software, better known as a PDF editor.

Remember that the USCIS version of the form is not immediately fillable. It is a static document when you download it. Therefore, you must use your PDF software to complete it. Most programs today make this process easy to accomplish. The USCIS also states that you may recreate the I-9 independently, provided it precisely conforms to the instructions found online.

Either option presents a more straightforward way to use the I-9 in a digital environment. With a fillable form that includes electronic signature functionality, you can securely complete the form with employees.

Rules for Using Electronic Signatures With the I-9

The ESIGN Act makes electronic signatures legally enforceable in the United States. Since the USCIS does not require submission of the I-9, employers are free to use any compliant electronic signature system of their choice. Industry leaders such as DocuSign are a common choice due to their high level of security and streamlined digital workflows.

The USCIS outlines guidelines you must follow when completing a Form I-9 for digital employment eligibility verification. You must be sure your electronic system allows for the following:

• Electronic signatures that appropriately attach to the document in a tamper-proof manner. The signature must become permanent at the time of signing.
• Let users make an affirmative acknowledgment that they’ve read the attestation to the accuracy of the form.
• Include a method to make the same affirmation as an employer.
• Keep secure records that verify the identity of the signer.

You must also offer a hard copy of the document upon an employee's request when using electronic forms and digital signatures.

What the Employee Process Looks Like

From an employee perspective, a well-designed digital solution can save time and provide a streamlined experience, especially for companies registered and in good standing with E-Verify. Such E-Verify users qualify for the remote document examination method. With such a setup, you can conduct the process online.

During an electronic workflow, the employee may conduct the document verification during or after completing their section of the form. They would receive an email with a link to the document. Once there, they can type information directly into the form. A simple check box provides the attestation.

Integration with an e-signing system would allow them to verify their identity and create a secure signature on the document. The employer would then receive a notification, complete their portion of the form, and file it securely in their system.

Simplify Your Approach With Professional Help

Employers wishing to digitize the process may choose to handle it independently. Combining the appropriate forms from USCIS, correct digital editing and an e-signing solution is possible. However, that demands additional in-house efforts, especially regarding the secure storage of the I-9 documents. Enlisting a professional service can offer a faster, simpler, and more cost-effective way to achieve desired results.

At backgroundchecks.com, we work with a trusted third-party contractor to provide a comprehensive I-9 and e-Verify service. With this solution, you can centralize your I-9 processes into a secure digital environment that streamlines the process. The result is better accuracy and fewer errors, effortless management of your compliance requirements, and an easy way to retrieve documents requested during an audit.

Handling Form I-9 appropriately is vital, but it doesn’t have to be confusing. Through these services, you can confidently meet your obligations at each stage of the process. Learn more about this service today as you consider adopting e-signatures and digital I-9s.