A final rule amending the regulations has been issued to provide that employers and recruiters or referrers for a fee who are required to complete and retain the Form I–9, Employment Eligibility Verification, may sign this form electronically and retain this form in an electronic format. This final rule makes minor changes to the interim final rule implemented in 2006, and is effective August 23, 2010.
Since November 6, 1986, all U.S. employers, agricultural associations, agricultural employers, farm labor contractors, or persons or other entities that recruit or refer persons for employment for a fee, are required to verify the employment authorization and identity of all employees hired to work in the United States. These entities are responsible for the completion of a Form I–9, Employment Eligibility Verification, for each new employee, including United States citizens.
The completed Form I-9 is retained by the employer and it must be available for inspection upon a request by Immigration and Customs Enforcement (ICE) investigators or other authorized federal officials. Employers are required to retain a Form I–9 in their own files for three years after the date of hire of the employee or one year after the date that employment is terminated, whichever is later.
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