Although I-9 regulations permit employers to electronically generate, sign and store the Form I-9, these rules were drafted in broad terms and Immigration and Customs Enforcement (ICE) has not published any guidance on what may or may not be considered a valid electronic I-9 signature. Employers should be on the lookout for systems that contain a very simple “click to accept” mechanism for electronically signing the I-9. Companies also should understand that simply scanning I-9s does not make them electronic. It is advisable that employers contact specialized immigration counsel who can assist in vetting the electronic I-9 software to ensure compliance. Following these steps could help eliminate heavy fines, such as the $103,644.75 one faced by Agri-Systems D/B/A ASI Industrial, after the company failed to properly prepare and present I-9s for its employees.
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