Can you e-sign an I-9 form?

What USCIS allows

The general ESIGN Act rule that a signature can't be denied effect for being electronic (15 U.S.C. § 7001(a)) doesn't settle the question by itself here. Form I-9 is a federal employment-verification record with its own regulation, and the standard to meet is DHS's, not just ESIGN's.

What the e-signature system must do

USCIS's Handbook for Employers (M-274) lists the requirements. If you use an electronic signature, your system must:

• let each person acknowledge that they read the attestation;
• attach the electronic signature to the electronically completed Form I-9;
• affix the electronic signature at the time of the transaction;
• create and preserve a record verifying the identity of the person producing the signature;
• give the employee a printed confirmation of the transaction on request;
• include a way for the employer to acknowledge attesting to the information in Section 2.

Generated forms also have to be kept to the storage standards in 8 CFR 274a.2(e) through (i). USCIS also notes that the Form I-9 it publishes can be completed on a computer but doesn't have full electronic capabilities, so on its own it isn't an electronic I-9 system. If you sign electronically without meeting these standards, DHS may find the form wasn't properly completed (8 CFR 274a.2(b)(2)).

What the system around it must do

The signature is only part of it. Any electronic system that generates or keeps Forms I-9 must have reasonable controls for integrity, accuracy and reliability, controls to prevent and detect unauthorized changes or deletions (including to the signature), an inspection and quality assurance program, an indexing system to retrieve records, and the ability to produce legible paper copies. The employer also has to document the business processes that create, change and keep the forms. An employer that builds its own electronic form can't change the name, content or order of the official form's fields, or add any.

USCIS adds one useful option for paper: if you complete a paper Form I-9, you may scan the original signed form, store it electronically and destroy the paper once it's securely stored.

The deadlines don't change

Completed forms stay with the employer. The instructions say not to mail them to USCIS or Immigration and Customs Enforcement.

Examining documents remotely

Section 2 is the part people most want to do remotely. The employer must physically examine the employee's documents, or use an alternative procedure authorized by DHS. According to USCIS, employers that participate in E-Verify and are in good standing qualify for the alternative procedure, which works like this:

1. 1

   Review copies

   Examine copies of the front and back of the documents, or an acceptable receipt, to make sure they reasonably appear genuine and relate to the employee.

2. 2

   Hold a live video call

   Have the employee present the same documents during a live video interaction.

3. 3

   Keep the copies

   Retain a clear and legible copy of the documents, front and back where applicable.

4. 4

   Check the box

   Select the box in Section 2's Additional Information area saying you used an alternative procedure.

An employer that offers the procedure must do so consistently at that E-Verify hiring site. It can limit it to remote hires, but it can't use that choice to treat employees differently based on citizenship, immigration status or national origin.

What to do

• Use an electronic I-9 system built for 8 CFR 274a.2, such as one inside your payroll or HR software, if you want to sign electronically.
• Or use paper: print the current Form I-9, have the employee sign Section 1 by hand, and sign Section 2 after examining the documents.
• Keep using the current edition. Check the USCIS Form I-9 page for the edition and expiration date your system should show.

Where SignMaster fits

SignMaster isn't an electronic Form I-9 system, and we don't claim it meets the DHS standards above, so don't use it to sign the I-9. It's built for the rest of onboarding: the offer letter, the employment agreement, handbook acknowledgments and direct deposit authorization. Each new hire gets an email link, agrees to sign electronically and signs on their phone, and you get a signed PDF with a certificate of completion.