KLF Client Alert: USCIS Provides Clarification on Form I-9 Signature Requirement

U.S. Citizenship and Immigration Services (USCIS) updated the Form I-9’s accompanying instructions in 2023 to state that, in addition to printing the completed form and manually signing it, the employer may choose “to upload the form to an electronic signature solution that complies with [the applicable] regulations, to have all parties sign electronically.”

The American Immigration Lawyers Association (AILA) was concerned that USCIS’s vague language of “electronic signature solution” was leading employers to unknowingly violate the regulatory requirements and so they sent a letter to USCIS asking for clarification. Form I-9 violations can result in multi-million-dollar fines, penalties such as debarment, reputational damage to the company, and disrupt operations.

In response to AILA’s inquiry, USCIS recently updated its guidance and advised that,

“[A]lthough the form is fillable, a manual signature is still required. 

USCIS also provided a comparison chart to illustrate their recent guidance changes:

 

Key Takeaway Points for Companies:

  • USCIS has declared an electronic signature on the fillable Form I-9 pdf non-compliant.
  • The fillable Form I-9 .pdf has evolved over time. Until recently, USCIS hosted two versions: a “smart” form, which included drop downs (for document types and combinations, issuing authorities, states, etc.) and tooltips for users, and a “flat” form that could easily be printed and filled by hand. Now, USCIS only offers the “flat” version.
  • In evaluating electronic Form I-9 system options, such as those offered by an electronic signature provider, ensure that the system meets the requirements of 8 CFR. § 274a.2(e)-(h).

Klug Law Firm is committed to delivering the Highest Quality Legal Work, Exceptional Client Service, and a Caring Approach for your organization’s business immigration needs.  Let us be your trusted partner in navigating the complexities of immigration law. Contact us today to schedule a consultation and initiate your organization’s first step toward a successful corporate immigration program.

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