A checklist for making sure you comply with I-9 regs
May 6, 2008 by Jim GiulianoPosted in: Communication, Employment law, Hiring, Immigration, In this week's e-newsletter, Latest News & Views, Records documentation, policies
Following the rules about Form I-9 never seems to get easier or less complicated. But sticking to a straightforward, 10-point checklist of I-9-related procedures can help.
Here’s the checklist, courtesy of the employment-law firm of Fisher & Phillips:
- Don’t let employees begin working until the I-9 form is complete. This will reduce the risk of late completion or incomplete forms. It’s also far easier from your perspective if you simply tell the employee to come back the next day with proper documents because you won’t have to create a three-day “call-up” or “tickler” file.
- Make sure your people performing verification are properly trained. Ensure they get appropriate updates.
- Conduct periodic self-audits to monitor your own compliance.
- Keep I-9 forms in a separate file — not in personnel folders.
- Make photocopies of documents so you have something to work with if you have to add information to the form later.
- Purge I-9 forms during periodic self-audits. Follow the retention rule: Three years from Date of Hire and one year from Date of Termination. When you meet both tests, throw out the form.
- Don’t seek advice from ICE or DHS. If you have questions, call an expert.
- Prepare your staff for informal/surprise inspections. Make sure they know who’s in charge of what.
- Beware of document abuse discrimination. Don’t ask employees for specific documents or more documents than you need to complete Section 2 of the form properly.
- Review the I-9 form before an employee leaves your payroll. This may be your last chance to get a signature or other necessary information.
Click here to see the Department of Homeland Security instructions for complying with I-9 regulations.
August 25th, 2008 at 2:56 pm
When you Follow the retention rule: Three years from Date of Hire and one year from Date of Termination. When you meet both tests, throw out the form. Does this mean that someone who has been here 5 years wouldn’t have to update at some point? I don’t really understand the retention rule.
August 26th, 2008 at 11:44 am
Kathy: I believe on rentetion dates it is whichever is later.
September 2nd, 2008 at 1:43 pm
Kathy, don’t throw out the form (always SHRED) unless the employee has terminated employment. Then you SHRED on the later date of 1 year after termination or 3 years after date of hire. Does that make sense? If someone was hired on 10/01/05, but quit on 10/01/06, you would have to keep the form until 10/01/08, even though 10/01/07 was a year after term, you need to keep it the 3 years after hire in that case. I hope this helped.
January 13th, 2009 at 4:45 pm
Can someone help answer a question? I cannot find anywhere what can be kept in an employe’s file. Can you keep immigration status, x-pats, relocation info? Should this be kept seperately like the I-9 info?
July 21st, 2009 at 4:14 pm
Julie,
It’s a good practice to archive document of a type together. But do not group supporting document into your “type” definition.
Documents segregated in this manner allows an orderly administration where each are subject to different retention periods, different regulators, and varing privacy and access rules.
In addition, the practice of segregating out I-9s centers not on what is permitted to store together, but how co-locating supporting documents affects an audit.
In the inspection rules, any document co-located with an I-9 may be reviewed and inspected. Therefore, if you co-locate I-9 supporting documents, you subject yourself to an additional burden of review and therefore penalties.
We archive copies of documents used for I-9 identity as their own type.
Electronic document storage (and retrieval) helps accomplish all the goals at one time.
Helpful?
August 4th, 2009 at 1:02 pm
I have a question about the retention rule. Do you shred the I-9 after 3 years if the employee is still employeed ? So if I understand it correctly, someone hired in 05/01/05 would not have an I-9 on file?
August 4th, 2009 at 7:16 pm
Do you have any suggestions on how to create an electronic storage for employee records if your company cannot afford the programs?
August 5th, 2009 at 3:29 pm
Jessica,
Tha answer is NO! You must retain an I-9 for the entire duration of someone’s employment with you. If someone works for you for more than 3 years you will always keep the I-9 for the entire time the person works for you and then a ADDITIONAL 1 year after they leave the company.
If a person works for you for less than 3 years, let’s say they work 6 months then leave, you will retain that I-9 for 3 years.
So basically, you will NEVER keep an I-9 for less than 3 years. Even if someone works for you for one day you will keep the I-9 for 3 years. If an employee works for your company for more than 3 years, you will always keep that form during the entire employment period and then shred it 1 year after the date they terminate.
I hope that makes sense. http://www.I-9Okay.com has a great FAQ page about this stuff.
August 5th, 2009 at 3:34 pm
Julie,
This is a link to the USCIS Handbook for Employers http://www.uscis.gov/files/nativedocuments/m-274.pdf
On pages 15-17 you will find info about electronic storage. It isn’t hard to set up a system but you need to make sure it meets all of the govt mandated standards for privacy and security.
Hope that helps.
August 5th, 2009 at 4:17 pm
Thanks Camille. Our compnay of 25 employees has tripled in size within the last year and I was put in charge of all the HR and I am trying to learn as I go.
August 6th, 2009 at 9:07 am
Your welcome Jessica. A good website for reference and resources is http://www.I-9Okay.com. There is a great FAQ page and some really helpful articles and fact sheets. Good Luck!
August 7th, 2009 at 3:04 pm
We have folks that have been with us for over 20 years and they haven’t/didn’t have to complete I-9 when they started work. Do they need one now?
August 7th, 2009 at 10:26 pm
Anyone hired after November 6, 1986 must have an I-9 on file. You should notify those employees that you will ask them to complete the form. Give them a copy of the form with the instructions and ask them to bring either one document from List A or one from List B and one from List C.
August 7th, 2009 at 10:29 pm
Kathy, I should also say that you should not “back date” the form. Be sure to list the actual date of hire in the Certification in Section 2 but the employee should date his/her signature with the current date and if you sign as the employer or authorized agent you should date your signature with the current date as well. Don’t try to make it appear like you did it way back when; that would be considered fraud.