Best Practices: Immigration I-9 Compliance

Use the right form. Make sure you are using the updated Form I-9. The updated I-9 form contains an updated list of acceptable identity and work authorization documents.

When it comes to actually reviewing the documents, make sure you have the original identity and work authorization documents presented by the employee, not a photocopy. To avoid discrimination lawsuits based on national origin or citizenship status, avoid requiring more or different documents than are required under I-9 regulations. There is no need to overzealously review documents; they need only reasonably appear to be genuine.

  • What documents should you retain? I-9 records should be retained indiscriminately. Simple rule: keep copies of documents for all or none of your employees. I-9 records should be kept separately from employees' personnel files.
  • How long should you retain them? I-9 records should be kept for 3 years after hire date or 1 year after termination, whichever date is later.

To speak with one of our attorneys about I-9 compliance, call Kramer Rayson LLP at 865-525-5134 or contact us online. With offices in Knoxville and Oak Ridge, we regularly serve clients throughout the state and beyond.