I-9 Supporting Documents: To Keep or Not to Keep, That Is the Question
February 10th, 2009 § Leave a Comment
Employers frequently ask, “Is it recommended to keep a copy of the supporting documentation that was used to complete the I-9 form?”
Employers are not required by law to keep a copy of the supporting documentation (unless the company is fulfilling a federal contract and dealing with E-Verify). Generally, we advise employers to keep a copy of the supporting documentation, as a copy of the documents can mitigate some transcription errors. If an employer decides to keep a copy of the supporting documentation, it is important that the copies are consistent: create a policy and stick to it. Only keep a copy of the documents recorded on the I-9 (either one document from List A or a document from List B and a document from List C – no more, no less). Retain the copy of the supporting documentation with the employee’s I-9 form (not in their personnel file). Your company’s I-9 policy should be consistently applied.
Question: Are current employees who were hired prior to November 6, required to have I-9 form on file?
February 10th, 2009 § Leave a Comment
Answer: No. Employees who were hired before November 6, 1986 and have been continuously employed do not need Form I-9 on file.
Question: Are all current employees hired after 11/6/86 required to have an I-9 form on file?
February 10th, 2009 § Leave a Comment
Answer: Yes.
Question: Are unpaid interns, contractors and employees on unpaid long term leave required to complete the I-9 form?
February 10th, 2009 § Leave a Comment
Answer: Unpaid interns and contractors are not required to complete an I-9 form. If an employee goes on an extended leave but remains on the payroll, he or she does not have to complete a new I-9 form upon returning to work. However if the employment is terminated and the employee is re-hired at a later time, a new I-9 form must be completed.
Question: We have all our new hires complete their Form I-9 on the first date of employment. Is this proper procedure?
February 10th, 2009 § Leave a Comment
Answer: Yes, as long as the period of employment is supposed to last more than 3 days. If the employment is supposed to last three days or less, the I-9 form must be completed before employment begins.
Question: An employee presents unexpired documents at the time of hire but the documents expire during their employment. Do we need to ask the employee to provide us with a new copy of the unexpired document?
February 10th, 2009 § Leave a Comment
Answer: As long as there is no break in employment you do not need to re-verify any List B document, Permanent Resident Card or U.S. Passport. This rule will not change after April 3, 2009. However employers must re-verify an Employment Authorization Card, a visa or any other document that establishes employment eligibility and has an expiration date. Additionally, after April 3, 2009 all documents must be unexpired at the time the I-9 form is completed.
Question: Our company makes job offers in January and February of each year, but the new hires start work in the summer. Typically, we post all new hire information and paperwork (including Form I-9) on an intranet site in mid-March for those starting in the summer to review and then complete ahead of time. Can we post the updated (February 2, 2009) form in mid-March or should we post the current form and then change it on April 3rd?
February 10th, 2009 § Leave a Comment
Answer: While the I-9 form can be completed ahead of time we would not recommend completing it more than 3 months in advance to ensure that all information is accurate and the correct version of the form is used. In this specific situation it would be advisable to wait until April 3rd to post the I-9 form.
Question: Is a Social Security Card that states “Valid for work only with INS authorization” an acceptable List C document?
February 9th, 2009 § Leave a Comment
Answer: No. If an employee presents a Social Security Card that says “valid for work only with INS authorization” you have to request additional proof of employment authorization.
Question: While the M-274 Employer Handbook indicates that passports are issued by the U.S. Department of State, some passports list a specific passport agency as the issuing authority (for example – Chicago Passport Agency). When the specific agency is listed on the passport should we identify the issuing authority as that agency only or should we include both U.S. Department of State and the Passport Agency?
February 9th, 2009 § Leave a Comment
Answer: Please record the agency as shown in the Passport, as this is more specific.
Question: Some Social Security Cards have “Department Health and Human Services” written on the front of the card. Should this agency be listed as the issuing authority for Social Security Cards?
February 9th, 2009 § Leave a Comment
Answer: No. Although many Social Security Cards say ”Department of Health and Human Services” on the front, the correct issuing agency for all Social Security Cards is the Social Security Administration.
Further information can be found in the following bLAWg post.
