Recordkeeping: How do I handle I-9 forms?

07/31/07

Question: What are the requirements for keeping employees’ I-9 records? Answer: Complete the I-9 form at the time you hire an employee. Employees have three business days from the date of hire to provide you with the documentation of identity and work authorization needed to complete Section 2 of the I-9 form. If, within that time, the employee produces a receipt showing that he or she has applied for a work authorization or identification document, you must give the employee ninety days to produce the required documentation.

You must accept documents listed on the Form I-9 Lists of Acceptable Documents in any of the combinations indicated on the form. Employees can choose which document(s) from the list they want to present.

Keep I-9 forms separate from employee personnel files. Doing so will help you avoid charges of discrimination, since the forms contain information like an employee’s age and national origin. It also allows for easier maintenance of the forms. Further, if the Immigration and Naturalization Service (INS) arrives for an audit, you can pull out I-9s easily and keep other sensitive information in personnel files private.

Use a binder system for storing of I-9 forms. Keep two large three-ring binders, one for current employee I-9 forms and one for terminated employee I-9 forms. When you hire a new employee, place the I-9 form in the current employee binder. When you terminate an employee or one otherwise departs, transfer the I-9 form into the terminated employee binder. Note the date of termination in the margin of the I-9 form.

Last, periodically review the current I-9 forms in order to identify employees for whom you will need to reverify work eligibility. Review the forms of terminated employees to determine which may be discarded. (You must retain I-9s for the duration of an employee’s employment, plus one year, or for a minimum of three years from the date of hire, whichever is longer.)

ComplyRight I-9 RecordKeeping Kit