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

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

Employers Often Keep More than They Need. While employers must keep I-9s for the time period required by law, employers that do not use E-Verify are not required to keep copies of documentation received from the employee that demonstrates the employee’s identity and authorization to work in the United States.

Do i9 documents expire?

Employers may accept Form I-551, Permanent Resident Card issued to LPRs is an acceptable List A document. These cards may have: No expiration date and should not be reverified.

When can you destroy i-9 forms?

You 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. Current employee’s I-9 records must be maintained for their entire period of employment.

What happens if you don’t file I-9?

Failing to timely complete an I-9 for employee or doing a really bad job of it can result in fines of $110 to over $1000 per employee for the first infraction. These fines impact large and small business alike.

What do I do if my i-9 documents expire?

Expired documents are no longer 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.

What is document expiry date?

What is a File Expiry Date? A File Expiry Date is the date when the validity of a document expires. Note: Not all files will have an expiry date.

What if an employee Cannot provide i-9 documents?

A. If an employee is unable to present the required document or documents within 3 business days of the date employment begins, the employee must produce a receipt showing that he or she has applied for the document. In addition, the employee must present the actual document to you within 90 days of the hire.

Can an employee work without I-9?

Yes. An incomplete I-9 form does not affect an employer’s ability or obligation to pay an employee. The Fair Labor Standards Act (FLSA) requires employers to pay an employee who performs work, even if the employee is found to be unauthorized to work in the U.S. or quits employment prior to completing the I-9 form.

How long can documents be kept?

Knowing that, a good rule of thumb is to save any document that verifies information on your tax return—including Forms W–2 and 1099, bank and brokerage statements, tuition payments and charitable donation receipts—for three to seven years.

Should we retain copies of I-9 documents?

Under current ICE enforcement guidelines, retaining copies of I-9 documents could reduce civil monetary fines for common I-9 mistakes, including missing titles, numbers or expiration dates on the form.

How long should we retain I-9 forms?

You should store and maintain employee I-9 Forms away from personnel records. You need to keep these forms for three years. You should have these in separate files in case the government requests to check them.

How long does employer have to retain I-9 forms?

Employers must retain original I-9 forms for three years after the date of hire, or one year after the date employment ends, whichever is later. The forms should be stored separately from other personnel files.

What are the I-9 retention requirements?

I-9 Retention Requirements Are Simple. Fortunately, the I-9 retention requirements are a lot simpler than things like tax regulations. You simply need to keep the form for at least one year after an employee is terminated or three years from the date of hire-whichever time span is longer. You can keep the form in paper, microfilm/microfiche, or digital format. We encourage employers to store I-9 forms electronically.