When can you destroy an I-9? (2024)

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When can an I-9 be destroyed?

When is it okay to destroy I-9 records? An employer can destroy a former employee's I-9 records one year from the date of termination or three years from the date of hire, whichever is later. To avoid confusion, it is recommended that employers keep I-9 files in separate and secure folders.

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What happens if you mess up an I-9?

To correct multiple, recording errors on the form, you may redo the section on a new Form I-9 and attach it to the old form. A new Form I-9 can also be completed if major errors (such as entire sections being left blank or Section 2 being completed based on unacceptable documents) need to be corrected.

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How do I dispose of old I-9 forms?

One way to do this is to mark the end of the retention period on the face of the I-9 at the time of termination and file the forms in a "termination binder," a notebook of former employees' I-9 records, in reverse chronological order by date the I-9 can be purged, said Mary Pivec, an attorney with Pivec Law in ...

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What is the 3 day rule for I-9?

Employers must complete and sign Section 2 of Form I-9, Employment Eligibility Verification, within 3 business days of the date of hire of their employee (the hire date means the first day of work for pay).

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What happens if I-9 is not completed in 3 days?

Employees who cannot produce documentation to complete the Form I-9 within three days of hire must not work or be paid. If documentation is not produced by the end of the third day, employees must not be permitted to work.

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What triggers an I-9 audit?

An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees). Certain business sectors, for example food production, are especially susceptible to I-9 audits, and "silent raids" by ICE.

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How do I correct a mistake in E-Verify?

You can correct information before submitting the case by selecting the Edit Case Details button. If you need more time to verify the information is correct, you may click Save & Exit to exit the case. You can locate the case later under View/Search Cases.

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Why would an I-9 be denied?

Employers do not enter the approved documentation on the I-9 form. Employers fail to sign the Certification. Employers fail to enter the specific document number, expiration date, issuer, or title on the I-9 form. Employers do not enter the initial date of employment.

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What are the areas most missed in an I-9 document?

10 Common I-9 Errors
  • Employee personal information is not complete. Employee's must provide their full legal name. ...
  • Citizenship status not identified. Employees must identify their citizenship status by checking one -- and only one -- of the boxes. ...
  • Employee signature is missing. ...
  • Preparer/translator use not identified.
May 6, 2019

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Are documents expired less than 1 year acceptable for I-9 purposes?

No. Expired documents are not acceptable for Form I-9. However, you may accept employment Authorization Documents (Forms I-766) and Permanent Resident Cards (Forms I-551) that appear to be expired on their face, but have been extended by USCIS.

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Are employers supposed to keep copies of I-9 documents?

If you make copies or electronic images of the employee's documents, you must retain them with the corresponding Form I-9 or with the employee's records according to the electronic records retention standards specified in 8 CFR 274a.

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Do you have to purge i9s?

What should employers do with an employee's Form I-9 after the employee leaves the company? It's a best practice that employers purge the I-9, according to the form's retention requirements. This step is often neglected in an organization's Form I-9 maintenance process – and it increases risk.

When can you destroy an I-9? (2024)
How long is the I-9 valid?

Employers must retain Forms I-9 for three years after the date of hire or one year after the date the individual's employment is terminated, whichever is later. Photocopies or faxed copies of completed Form I-9 are not acceptable to meet this retention requirement.

How long do employees have to complete I-9?

When completing Form I-9, Employment Eligibility Verification, you, as the employer, must make the complete instructions to the form and the Lists of Acceptable Documents available to newly hired employees. Your employees must complete and sign Section 1 of Form I-9 no later than their first day of employment.

How do I fix my 9 mistakes online?

According to the U.S. Citizenship and Immigration Service (USCIS), the best way to correct the Form I-9 is to line through the portions of the form that contain incorrect information, enter the correct information and initial and date your correction. The use of correction fluid (White Out) is not recommended.

What is the penalty for incorrect I-9?

For 1-9 paperwork violations in 2022, the penalties range from $252 to $2,507 for the first offense for substantive violations or uncorrected technical errors. The range is $1,161 to $2,322 for second and subsequent paperwork offenses.

Can you work without completing I-9?

All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

What happens if I don't do an E-Verify within 3 days?

Yes, if you did not create a case in E-Verify within three business days after the employee's first day of employment, you must create a case as soon as possible. E-Verify will prompt you to enter the reason for the delay.

How common are I-9 audits?

Nearly 6,000 employers were I-9 audited in 2018, and some expect that number to shake out closer to 10,000 when the figures come in on 2020. $14 Million in fines were issued in 2019 for Form I-9 violations.

How far back does an I-9 audit go?

Employers must maintain the I-9 of an employee for three 3 years after the date of hire or 1 year from the date of termination. Most importantly, it never hurts to pre-prepare. An I-9 audit can be as smooth process if an employer can stay in compliance.

Does immigration check I-9?

Officials from the Department of Homeland Security, employees from the Immigrant and Employee Rights Section (IER) at the Department of Justice, and employees from the Department of Labor may inspect an employer's Form I-9, Employment Eligibility Verification.

How far back does E-Verify?

USCIS annually disposes of E-Verify employer records that are 10 years old or older per the National Archives and Records Administration (NARA) records retention and disposal schedule (N 1-566-08-7).

Does E-Verify show employment history?

E-Verify just provides an Employment Authorized (match) or Tentative Nonconfirmation (mismatch) result and never provides your employer with any, citizenship, immigration status, or document information about you. The information entered matched records available to DHS and/or SSA.

Can you E-Verify someone twice?

Generally, you will not verify a rehire who was previously verified in E-Verify. If the rehire's List B document is now expired or the employee was not previously verified, you have options.

How do employers verify I-9?

The employer must physically examine the documentation establishing identity and employment authorization that the employee presents. Originals (not copies) must be examined. The one exception is the birth certificate, which can be a certified copy.

Is I-9 the same as background check?

Normally, upon a successful background check, the onboarding process begins. This typically includes new hire paperwork, acknowledgment of company policies, and for the new hire to complete the Employment Eligibility Verification form commonly known as the Form I-9.

What counts as I-9 verification?

Driver's license or identification card issued by a state or outlying territory of the U.S., provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address.

What is an acceptable receipt for I-9?

You cannot accept receipts if employment will last less than 3 days. You can only accept these receipts: A receipt showing that your employee has applied to replace a List A, B, or C document that was lost, stolen, or damaged.

How long does it take to verify I-9 documents?

How long does the E-Verify process take? For most employees, the process will take less than one business day to complete, once the I-9 form has been sent to Simplei9.com.

Does I-9 have expiration date?

Employers should continue using the Form I-9, Employment Eligibility Verification, after its expiration date of Oct. 31, 2022 until further notice. DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available.

How many days prior to the expiration date of your i-9 document will you be notified to complete an I 9 reverification?

We suggest that you remind employees, at least 90 days before the date reverification is required, that they will be required to present a List A or List C document (or acceptable receipt) showing continued employment authorization on the date that their employment authorization or documentation whichever is sooner, ...

Is an expired passport still proof of right to work?

You can prove your right to work by showing your employer your British or Irish passport. It doesn't matter if your passport has expired.

Can an employer keep your original documents?

In case of employment contract, there is agreement for rendering of services and no charge whatsoever is there on the educational qualification or testimonials of the employee. The employer has no right to retain the originals.

Is it OK to email I-9 documents?

Employee must complete and sign Section 1 of the I-9 and send it to the employer in hard copy via postal mail or through electronic means.

Can I-9 documents be scanned?

Employers may choose to scan and upload original, signed I-9 forms to store them electronically. E-Verify allows participating employers to electronically verify the employment eligibility of their newly hired employees. Employers should regularly audit their I-9 forms and make corrections as needed.

How do I delete I-9?

After clicking on the Form I-9 option, navigate to the Summary tab. 4. Once the Summary tab is opened, click on the three horizontal lines icon which is to the right side of the page and select "Delete I-9" option.

What does purge I-9 mean?

Once the I-9 is purged, it is permanently deleted from the Tracker I-9 Complete System. Also, for the rehired employees, we can retain the terminated I-9 before the purge date as once the I-9 is purged a new Form I-9 would be needed.

How far in advance can an employee complete an I-9?

You may have your employees complete Form I-9: On their first day of employment (the actual commencement of employment of an employee for wages or other remuneration, referred to as date of hire in the Department of Homeland Security regulations); or. Before their first day of employment, if they accepted your job ...

Is an expired green card acceptable for I-9?

No. Expired documents are not acceptable for Form I-9. However, you may accept employment Authorization Documents (Forms I-766) and Permanent Resident Cards (Forms I-551) that appear to be expired on their face, but have been extended by USCIS.

Do I-9 documents expire?

The U.S. Citizenship and Immigration Services (USCIS) has announced that employers should continue using the current Form I-9 (Employment Eligibility Verification), which has an October 31, 2022 expiration date, until further notice.

Are copies of I-9 documents acceptable?

See Form I-9 completion examples and the ICE news release for additional information. Relates to the individual presenting it. The document must be original document(s) provided by the employee – photocopies are NOT acceptable, except for a certified copy of a birth certificate.

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