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Question Do we need to keep copies of employees’ Identification along with their I-9 form? Or can we just physically verify it and fill the information in on the form? Answer By way of some background, employers are obligated to ensure that a Form I-9 is properly completed for all new employees within three day of hire. The employer must physically review the original documents presented by an employee in connection with the Form I-9 (other than a birth certificate, for which a certified copy is allowed) to ensure that the document(s) presented establish the employee's identity and authorization to work in the United States, and a member of the company's management generally needs to sign the form to confirm and indicate that this is the case. When this is not feasible, such as in cases where an employee is hired remotely as may be the case here with employees in other states, an employer can designate an authorized representative to fill out the Form and review the documents, and this includes contracting with another person or business to verify the employee's identity and work eligibility. Keep in mind, though, that if an agent, representative or independent contractor fails to sufficiently complete the Form on behalf of the employer or accepts inappropriate documents, etc., his or her actions and any violations or non-compliance are attributable to the employer. Getting specifically to your question: employers have discretion to make photocopies of the documents presented by employees in support of the Form I-9, or not, but must be consistent across the board with whatever approach it takes. This means that it cannot photocopy the supporting documents for some employees and not others. Rather, when it comes to deciding whether or not to make copies of the documents presented (and employees must have discretion to choose which acceptable documents to provide), it is an "all or nothing" proposition. Either way, employers are obligated to retain the Form I-9 (and copies of supporting documents, if the employer elects to make them) for a period of three years after the date of hire, or one year after the date of employment termination, whichever is the longer period. This record retention obligations applies regardless of the location or jurisdiction of the worker. Employers that have employees working in multiple states can elect to store I-9 Forms locally in the offices (or states) where they work or centrally at a corporate headquarters or similar location. However, if audited or required to produce the Forms by an appropriate government agency, court order, etc., the employer must ensure that the documents can be readily produced even if they are housed out of state. I-9 Forms should be kept separately from personnel file documents, though, whether in a separate I-9 file for each employee, or in a combined file dedicated solely to Form I-9 retention. Employers that choose the latter route often organize the Forms I-9 alphabetically or by date of hire to ensure ready access if/when necessary. For the most current version of Form I-9 click here. For excellent information on I-9 compliance, you may wish to review the Employer Handbook.
Question Do we need to keep copies of employees’ Identification along with their I-9 form? Or can we just physically verify it and fill the information in on the form? Answer By way of some background, employers are obligated to ensure that a Form I-9 is properly completed for all new employees within three day of hire. The employer must physically review the original documents presented by an employee in connection with the Form I-9 (other than a birth certificate, for which a certified copy is allowed) to ensure that the document(s) presented establish the employee's identity and authorization to work in the United States, and a member of the company's management generally needs to sign the form to confirm and indicate that this is the case. When this is not feasible, such as in cases where an employee is hired remotely as may be the case here with employees in other states, an employer can designate an authorized representative to fill out the Form and review the documents, and this includes contracting with another person or business to verify the employee's identity and work eligibility. Keep in mind, though, that if an agent, representative or independent contractor fails to sufficiently complete the Form on behalf of the employer or accepts inappropriate documents, etc., his or her actions and any violations or non-compliance are attributable to the employer.
Getting specifically to your question: employers have discretion to make photocopies of the documents presented by employees in support of the Form I-9, or not, but must be consistent across the board with whatever approach it takes. This means that it cannot photocopy the supporting documents for some employees and not others. Rather, when it comes to deciding whether or not to make copies of the documents presented (and employees must have discretion to choose which acceptable documents to provide), it is an "all or nothing" proposition. Either way, employers are obligated to retain the Form I-9 (and copies of supporting documents, if the employer elects to make them) for a period of three years after the date of hire, or one year after the date of employment termination, whichever is the longer period. This record retention obligations applies regardless of the location or jurisdiction of the worker. Employers that have employees working in multiple states can elect to store I-9 Forms locally in the offices (or states) where they work or centrally at a corporate headquarters or similar location. However, if audited or required to produce the Forms by an appropriate government agency, court order, etc., the employer must ensure that the documents can be readily produced even if they are housed out of state. I-9 Forms should be kept separately from personnel file documents, though, whether in a separate I-9 file for each employee, or in a combined file dedicated solely to Form I-9 retention. Employers that choose the latter route often organize the Forms I-9 alphabetically or by date of hire to ensure ready access if/when necessary.
For the most current version of Form I-9 click here. For excellent information on I-9 compliance, you may wish to review the Employer Handbook.