I-9 Supporting Documents: To Keep or Not to Keep, That Is the Question

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.