By Eileen M.G. Scofield and Kyle R. Woods
Commentary: Public Law 108-390 amended the Immigration and Nationality Act to allow electronic signature and electronic storage of I-9 forms, but the regulations implementing it have created a web of confusion.
In 2004, Congress passed Public Law 108-390, a short piece of legislation—less than half a page in length—amending the Immigration and Nationality Act (INA) to allow electronic signature and electronic storage of I-9 forms, which employers use to verify an employee’s identity and to establish that the worker is eligible to accept employment. At the time, the amendment was viewed as a progressive step toward taking advantage of modern technology and processes. Many believed it would simplify the I-9 verification process.
Unfortunately, while Congress opted for brevity and simplicity in the amendment, the regulatory agencies opted for complexity, issuing regulations to implement the statute that are lengthy, cumbersome, difficult to understand and at times contradictory. To complicate matters even further, auditors are also unfamiliar with the regulations and may demand documents that the employer is not strictly required to store or produce.
Full Story: http://www.workforce.com/archive/feature/legal/cutting-gordian-knot-requirements-electronic-i-9/index.php