I-9 Forms

pat

One of my staff returned from a seminar on I-9s with the belief that all current employees must update their I-9 every two years by filling out a new form and attaching the previous I-9 to the newly completed form. This seems to be in excess even for the federal government. Can this be true?

DB

I've never heard of any such requirement. The only individuals who must complete an I-9 more than once are those with temporary work authorizations which expire (not US citizens or permanent residents). I'd be interested in seeing the exact wording this "everybody every 2 years" requirement is based on.

Reggie

I have a Handbook for Employers, this was issued from the INS in 1991. It does say when a work authorization expires, you need to re-verify on the I-9 in order to continue to employ the person. It says reverification must occur not later than the date that work authorization expires. The employee must present a document that shows either an extension of the employee's initial employment authorization or new work authorization. There is a section on the I-9 Form to re-verify employment eligibility. The INS suggests you set up a calendar call-up system for employees who present an employment authorization that may expire in the future. I have found this to be helpful with drivers licenses, which is a common document presented from list B. I think the INS has a website you can obtain forms form. You could possibly get a copy of the handbook I have off of that site.

System

I believe the handbook you're talking about is available to Law Center members in the members-only area of [url]www.HRhero.com[/url], at [url]http://www.hrhero.com/lc/regs/agcy/200005.htm[/url].

Julie Athey
Senior Attorney Editor
M. Lee Smith Publishers

DB

My understanding is that you only have to worry about expiration dates on documents that establish employment eligiblity (Column C) not on documents that establish identity (Column . Can anyone tell me if that is correct?

Dianna

Page 14 of the Handbook for Employers from the INS has a question and answer section. Question 14 states "May I accept an expired document?" The answer is, "You may acept an expired United States Passport. You may also accept an expire document from List B to establish identity. However, the document must reasonably appear on its face to be genuine and to relate to the person presenting it. You cannot accept any other expired documents."

eunice

Our office has been audited. We made the error of having I-9's in our Personnel files. Otherwise, we were in compliance and that did not include re-verification of every employee every two years. And yes, it is my understanding that verification is done only for employment eligibilities.

Bop

If you weren't suppose to have the I-9s in the personnel file,where was it suppose to be?

Granhel

A few months ago, I too discovered that I-9's were not supposed to be retained in the individual's personnel file but rather in an I'9 File.
SOURCE: Council on Education in Management - Seminar: "Personnel/HR Record Compliance Workshop
Page C-11 of seminar book dated 3/2000, and I quote:
"I-9's:
As discussed previously, I-9's should be filed together rather than in individual personnel files. The best means for filing I-9 forms is a binder with alphabetical tabs. File the I-9's of current employees in the alphabetical sections and the I-9's of separated employees in the back. Keep the binder(s) in a locked filing cabinet. Remember that I-9's for separated employees must be retained for three years after hire or one year after separation, whichever is the longer period."

Margaret Morford

You also do not want I-9's in your personnel files because any governmental agency doing any type of audit can get into your personnel files by asking to see I-9's. You separate your I-9's out as the previous person suggested so that when the government wants to see them, they only get to look at your I-9's, not your personnel files too!

If your I-9's are currently in the personnel files, I would suggest hiring a temporary from an agency (not someone related to an employee because they will be going through the personnel files) to go through the files and pull all your I-9's out. It is also a good time to audit yourself and ensure that your I-9's are complete. You can use a pretty low level temp and just show him/her what to look for. Have him/her put aside any that aren't complete for you to follow up on. If you have any questions, call me at 615-371-8200.

Margaret Morford

HRManager

Are I-9 forms required for every employee or only for non-citizens?

Terry

"This form must be completed for all employees, whether citizen or noncitizen, hired after November 6, 1986, in order to show evidence of the employee's eligibility to work in the United States." This is taken directly from the INS web page.

HRManager

Terry,

Thanks. I am learning a lot.

slewis

[font size="1" color="#FF0000"]LAST EDITED ON 10-19-01 AT 09:48AM (CST)[/font][p]I have worked extensively with immigratio lawyers and INS themselves, as well as SSA regarding the employment eligibility. I was told that drivers licenses, and permanent resident cards did not need to be reviewed upon expiration and issuance of a new one. There is not a test or approval they have to go through, so the verification is standing. However, when you get into work authorization cards, these must be updated as they expire. The INS website has alot of helpful information on this and an immigration attorney can also help.
Sheri