Frequently asked questions answered by Kevin himself:
How can we be certain that we have the latest form?
Go to I-9 Central at https://www.uscis.gov/i-9-central/i-9-central to make sure you’re using the current version of the form.
Can I-9s be kept in a binder, or should they be kept in/near personnel files? Do they need to be in a locked file cabinet?
I-9s should be kept separate and apart from personnel records. Locked is nice, but not required.
How do we make corrections to I-9s?
There’s an entire remediation protocol. Check with the M-274 or your immigration counsel. Don’t correct an I-9 for an employee who no longer works for you.
When should files be destroyed after an employee’s termination?
1 year after separation or 3 years after the date of hire, whichever is longer (from the date of hire).
What should we do if someone who’s authorized to work doesn’t have a processed I-9 at the time of hire?
Nothing. Just make certain you don’t back-date the new I-9 when you create it.
Do we need to fill out an I-9 for a contractor?
No—only employees for pay.
In order to pull employees into our benefits system, we must confirm the I-9s electronically. Am I able to sign the I-9 electronically before the employee starts and I'm able to verify their documents in person?
You should only execute Section 2 AFTER you examine the original documents
We are currently not participating in E-Verify. If we decide to participate, do we need to go back and make copies of documents for all EEs who were hired before participating in E-Verify?
No. E-Verify is only applicable from day 0 moving forward, unless you are a federal contractor.
If an employer uses E-Verify, do they have to keep copies of the documents?
Yes, but only certain ones: passports, passport cards, LPR cards, EADs and certain DLs/IDs.
Are we required to re-verify an I-9 when there is a name change such as in a marriage or divorce?
No.
When the IDs submitted for Section 2 expire, are employers required to get updated identification documents?
No.
What do you suggest we include in I-9 training? How often should we audit and retrain?
M-274 and instructions. I’d recommend training once per year.
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