Employersmust have a completed Form I-9, Employment Eligibility Verification, on file for each person ontheir payroll (or otherwise receiving remuneration) who is required to complete the form. Employers must also keep completed Forms I-9for a certain amount of time after their employees stop working for them. Never mail Forms I-9 to USCIS or U.S. Immigration and Customs Enforcement.
Once an employee no longer works for the employer, the employer must determine how much longer to keep the employee’s Form I-9.
Retaining Form I-9
To calculate how long to keep an employee’s Form I-9, enter the following:
The employer must retain Form I-9 until the date on Line C.
The employer isrequired to retain the page of the form on which the employer and the employeeentered data. If copies of documents presented by your employees were made, they should be kept with the corresponding Form I-9.
You may also retain the instructions and Lists of Acceptable Documents pages. Forms I-9 may be storedon paper, microfilm, microfiche or electronically.
Storing Form I-9
CompletingForm I-9, Employment Eligibility Verification, requires collecting personal information about employees.Employersshould keep this in mind when determining how to retain and store completed Form I-9 and any corresponding documentation so that personal information does not get into the wrong hands. You should store completed Form I-9 and any corresponding documentation such as copies of documents in a manner that fits your business needs and the requirement to make Form I-9 available for inspection. Do not mail Forms I-9 to USCIS or U.S. Immigration and Customs Enforcement.
How to store Form I-9:
- On-site or at an off-site storage facility
- In a single format or a combination of formats, such as:
- paper
- microfilm or microfiche
- electronic
Officers from theDepartment of Homeland Security, employees from theImmigrant and Employee Rights Section (IER)at the Department of Justice, and employees from theDepartment of Labormay ask toinspectthese forms.
No matter how you choose to store your Form I-9, you must be able to present them to government officials for inspection within 3 business days of the date when the forms were requested.
Form I-9 contains personal information about employees. When storing these forms (regardless of the format you choose), USCIS recommends that employers provide adequate safeguards to protect employee information.
Storing the Original Paper Form I-9
Employers who choose to keep paper copies of the documents their employees present may store them with the employee’s Form I-9 or with the employees’ records. However, USCIS recommends that employers keep Form I-9 separate from personnel records to facilitate an inspection request.
Storing Form I-9 on Microfilm or Microfiche
Employers may keep copies of original, signed Form I-9 on microfilm or microfiche.Select film stock that will preserve the image and allow its access and use for the entire retention period.
Microfilm or microfiche must:
- Exhibit a high degree of legibility and readability when displayed on a reader (viewer) or reproduced on paper; and
- Include a detailed index of all data so that any particular record can be accessed immediately.
If an officer notifies an employer of an inspection, the employer must provide the microfilm or microfiche and a reader-printer that:
- Provides safety features;
- Is in clean condition, properly maintained and in good working order; and
- Is able to display and print a complete page of information.
Once employers have preserved a Form I-9 on microfilm or microfiche, they may destroy the paper originals.
Storing Form I-9 Electronically
Employers may use a paper system, an electronic system or a combination of paper and electronic systems to store Form I-9. An electronic storage system must:
- Include controls to ensure the integrity, accuracy and reliability of the electronic generation storage system.
- Include controls to detect and prevent the unauthorized or accidental creation of, addition to, alteration of, deletion of or deterioration of an electronically completed stored Form I-9, including the electronic signature, if used.
- Include controls to ensure an audit trail so thatanyalteration or change to the form since its creation is electronically stored and can be accessed by an appropriate government agency inspecting the forms.
- Include an inspection and quality assurance program that regularly evaluates the electronic generation or storage system, and includes periodic checks of electronically stored Form I-9, including the electronic signature, if used.
- Include a detailed index of all data so that any particular record can be accessed immediately.
- Produce a high degree of legibility and readability when displayed on a video display terminal or reproduced on paper.
More Information
- Handbook for Employers M-274, Guidance for Completing Form I-9, Employment Eligibility Verification Form
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