I-9 Compliance

Every employer must comply with the US Citizenship and Immigration Services by securing a completed I-9 form for every paid employee, even if the work is only for one day.

The purpose of the I-9 is to verify the employee’s identity and employment authorization. The I-9 is not to be completed until after the employee has been provided with, and accepted, an offer of employment. Some employers like to send the I-9 along with the job application. There is no problem in doing this as long as it is very clear to the candidate that the I-9 is being provided for information purposes only and that they are NOT to complete and return the document until and unless they receive and accept an offer of employment. This ensures that there is no perception of discrimination as a result of the information secured on the I-9. An employer must set their own process for securing I-9s and then administer that process consistently for each new hire.

Storing I-9s

I-9s contain very personal and confidential information on employees, so extreme care should be taken in how the I-9s are stored and secured. Employers may store the I-9s by way of a paper system, an electronic system, or a system that incorporates a combination of the two (for example, paper I-9s for current employees and electronic copies for terminated employees).

Retaining I-9s

We wish we could give you a very simple rule on how long you have to keep I-9s, but it’s not that simple. The USCIS provides a calculator to determine the period of time that companies must maintain records of the I-9s for each individual. This calculator can be found at the USCIS website (http://www.uscis.gov/i-9-central/retain-store-form-i-9/retaining-form-i-9)

Update

Did you know that effective February 2015 not all Green Cards have signatures on them? Since February, the USCIS has been waiving signature requirements for individuals who enter the US for the first time as lawful permanent residents after obtaining an immigration visa abroad from a US Embassy or consulate. In these cases the Green Card will have “Signature Waived” stamped both on the front and back of the card.

At the Labor Law Center we are the complete solution to your compliance needs and have I-9 forms and I-9 kits to help ensure that you have everything necessary to ensure a smooth onboarding of your new hires. Please visit our I-9 product page today: https://www.laborlawcenter.com/catalogsearch/result/?q=i-9

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