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.