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Best Employment Practices for Immigration I-9 Compliance

I-9 Form:

  • Make sure you are using the updated Form I-9 (revised June 2007).
  • The updated I-9 form contains an updated list of acceptable identity and work authorization documents.

Document Review:

  • Review 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.
  • Document Retention
  • Retain I-9 records indiscriminately ? keep copies of documents for all or none of your employees.
  • Retain I-9 records separately from employees? personnel files.
  • Retain I-9 records for 3 years after hire date or 1 year after termination, whichever date is later.