I-9 FILE COMPLIANCE

Announcements have been made from the current administration on enforcing existing and new regulations and higher penalties for non-compliance of these regulations. One of the areas of focus will be on the I-9 compliance.

I-9 forms establish a worker's identity and eligibility to work. I9s should be filed separately from employee personnel files. All employees must fill out and sign the form before beginning work and the employer must retain the documents for a certain amount of time depending on the length of employment. All I-9 forms must be retained either three years after date of hire or one year after termination, whichever is later.

The following steps are a guideline to I-9 filing and retention requirements.

1. Maintain separately from personnel records


2. Develop an administrative section to track record expirations, etc.


3. File active employee I-9s alphabetically


4. Set up a separate section for terminated employees and organize by retention date


5. Shred terminated I9s past retention date

For further information on I-9 instructions, please go to the following link for the USCIS Employers Guide:
http://www.uscis.gov/files/nativedocuments/m-274.pdf.

As the saying goes, "the best defense is a good offense". Following these guidelines and making sure there is an employee with the knowledge and experience to process the I-9s will help in preparation for an inspection.