I-9 forms do
not have to be filled out on applicants, just on newly-hired employees
an
employer has up to three (3) business days following hire to get the
I-9 form filled out
if a new
hire shows the documentation listed on the form, the I-9 requirements
are satisfied; the employer should not make the mistake of requiring
documentation above and beyond what is shown on the I-9 form
I-9
documentation can vary, but should be of the type described in the
INS I-9 form – a new hire can present either one document that
establishes both identity and work authorization (such as a passport
or I-551 card), or else one document establishing identity (photo ID
such as a driver's license) plus one document establishing work
authorization (valid current Social Security card, birth certificate,
or the like)
the
employer should make copies of the documents shown by the employee -
this is not required, but keeping copies will help a company show
that it tried in good faith to verify the identity and work
authorization of the employee - keep the copies in a separate I-9
file in case of an INS audit (see
"Personnel Files" for details)
the
employer is not required to be a document-authentication expert; as
long as the employer satisfies itself in good faith that the
documents are genuine and satisfy the requirements, that is all that
is needed
I-9 records must be kept for three years following the date of hire, or for one year after the employee leaves, whichever is later – recommended: keep this and all employment records for at least 4 years after the employee leaves in order to exhaust all the statutes of limitation
