LEGAL Act

Employees must provide a document from List A or one document each from List B and List C.

Refer to Form I-9 Acceptable Documents.

Am I required to retain original Forms I-9 with signatures or are photocopies or faxed copies acceptable?

Paper format only: Employers who complete and retain Form I-9 in paper format must retain the Form I-9 with the original handwritten signatures. Forms are retained 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.

Electronic format: Employers may choose to scan and upload the original, signed forms to retain them electronically. Once these forms are securely stored in electronic format, the paper forms may be destroyed.

What should I do if I discover a Form I-9 for my employee was not completed or is missing?

If a Form I-9 was never completed or is missing, the current version of the form should be completed as soon as possible. Employers should not backdate the form, but should clearly state the actual date employment began in the certification portion of Section 2. Employers should attach a signed and dated explanation of the corrective action taken.

My company currently keeps copies of documentation employees submit with the Form I-9. Can we stop doing this?

Form I-9 regulations allow employers to choose whether to keep copies of documents employees submit to complete their Form I-9. Therefore, you may choose to begin or end the practice of keeping copies of documents at any time, as long as you do so for all employees, regardless of national origin or citizenship status, or you may be in violation of anti-discrimination laws.

Do not shred previously retained copies of documents. DHS regulations state that once you make copies of documents, you must retain them with the Forms I-9 or store them with the employee's records.

Additionally, if you use an alternative procedure to remotely examine documents, you must retain copies of the front and back (if two-sided) of the documentation the employee presents to verify their identity and work authorization.

My new employee presented two documents to complete Form I-9, each containing a different last name. One document matches the name entered in Section 1. Can I accept the document with the different name?

You may accept a document with a different name than the name entered in Section 1 provided that you resolve the question of whether the document reasonably relates to the employee. You also may wish to attach a brief memo to Form I-9 stating the reason for the name discrepancy, along with any supporting documentation the employee provides. An employee may provide documentation to support their name change, but is not required to do so. If, however, you determine that the document with a different name does not reasonably appear to be genuine and to relate to the employee, you may ask that they provide other documents from the Lists of Acceptable Documents on Form I-9.

You must examine the document(s), and if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If the document(s) do not reasonably appear on their face to be genuine or to relate to the person presenting them, you must not accept them. You may ask if the employee has other documentation that would satisfy Form I-9.

If you suspect a document is fraudulent, you must not accept it. Ask your employee to provide a different document from the List of Acceptable Documents that shows their identity and employment authorization. Determine if the new document(s) appears to be genuine and relates to the employee.

A state-issued temporary driver's license is an acceptable Form I-9 List B document if it contains a photograph or identifying information such as name, date of birth, sex, height, eye color, and address. Any conditions on the temporary driver's license, such as that the expired license must accompany the temporary driver's license for it to be valid, must be followed.