Can employment documents be signed electronically in the US?

 

 Which employment documents are involved?

Hiring someone in the US produces a mix of documents. Most are ordinary paperwork with no special rules. One, Form I-9, is a federal requirement with its own conditions.

Can offer letters and contracts be signed electronically?

Yes. Employment paperwork is covered by the same law as any other agreement.

The ESIGN Act says a signature or contract cannot be rejected just because it is electronic. Most states have also adopted their own version of UETA, which says the same thing at state level. Between them, these cover offer letters, employment contracts, confidentiality agreements and policy acknowledgements.

See What does the ESIGN Act require? for how the federal law works.

No witness is needed, and no special type of signature is required. A typed name, a signature drawn on a screen or a click through a signing platform all work.

Why do arbitration agreements need more care?

Because employees who later bring a claim often argue they never signed one, and courts are asked to decide whether the employer can prove they did.

The signature itself is not the problem. The problem is proving that a particular person made it. An employer who cannot show how the document reached the employee, how they logged in, and when they signed may struggle to rely on the agreement.

This is where the record kept by the signing system earns its place. Keep the audit trail, not just the signed document.

See What is an audit trail for e-signatures?.

Can Form I-9 be completed electronically?

Yes. Form I-9 is the federal form confirming a new employee is allowed to work in the US. Every employer must complete one for every new hire, and it can be completed, signed and stored electronically.

The catch is that an electronic system used for Form I-9 has to meet federal standards. These cover how signatures are captured, what audit trail the system keeps, and how records are secured. If a system falls short of those standards, the problem is with the system rather than the signature.

Can you check a new hire’s documents by video?

Only if you are enrolled in E-Verify.

The default rule is that an employer must physically examine the original documents a new hire presents, with the person in front of them. Since 1 August 2023 there has been an alternative for employers enrolled in E-Verify and in good standing.

Under that alternative, the employer examines copies of the documents, front and back, then holds a live video call with the employee to check the documents look genuine and belong to that person. The employer ticks the box on Form I-9 showing the alternative procedure was used, and keeps clear copies of the documents.

Section 2 of the form has to be completed within three business days of the employee starting, whichever route is used.

An employer not enrolled in E-Verify has to examine documents in person. A video call is not enough, and neither is looking at scans on their own.

How long do you have to keep Forms I-9?

Three years from the date of hire, or one year after employment ends, whichever is later.

If you keep them on paper, you must keep the original forms with the handwritten signatures. Photocopies and faxes do not satisfy the requirement.

You can scan signed paper forms and keep them electronically instead. Once they are stored properly in electronic form, the paper originals can be destroyed.

If you used the video route, you must also keep copies of the documents you examined, front and back.

Does state law change any of this?

It can. Employment law in the US is mostly set by each state, and states differ on things such as what has to be given to an employee in writing, when notice of pay terms must be provided, and how non-compete agreements are treated.

The signing rules themselves are consistent, because almost every state has adopted UETA and the ESIGN Act applies across the country. What varies is which documents you must provide and what they must say, rather than how they are signed.

Form I-9 is federal and applies everywhere, including states that have their own employment verification rules on top.

What should an employer check?

• Check that your electronic I-9 system meets the federal standards on signatures, audit trails and security, and that it produces the current version of the form.
• Check whether you are enrolled in E-Verify before examining any documents by video.
• Keep the audit trail from your signing system with each employee record, not just the signed document.
• Keep Forms I-9 separately from personnel files, so they can be produced without handing over everything else.
• Apply the same process to everyone. Choosing who gets a video check and who gets an in person check can create a discrimination problem.