An employer that completes or retains Forms I-9 electronically must use a generation or storage system with reasonable controls to ensure integrity, accuracy and reliability; controls to prevent and detect unauthorized or accidental creation, addition, alteration, deletion or deterioration of a form or its electronic signature; an inspection and quality assurance program with regular evaluations and periodic checks of stored forms; an indexing system functionally comparable to a reasonable hardcopy filing system that permits search and retrieval; and the ability to reproduce legible and readable hardcopies. The system may not be subject to any agreement that limits government access on the employer's premises, multiple systems may be used if each complies and existing forms remain accessible, and the employer must maintain and make available complete descriptions of the system, its procedures and its indexing, and documentation of the business processes that create, modify and maintain the forms and establish their authenticity and integrity, such as audit trails; insufficient documentation is a violation.
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