This blog is Part V of our series on “Recordkeeping Requirements for Business Immigration Documents.”
In Part IV, we hammered on the re-verification requirements for Form I-9 and mentioned that pursuant to 8 C.F.R. § 274a.2(b)(1)(vii), the re-verification of an employee’s employment authorization must be done upon the expiration of the employment authorization document of an employee and no later than the date of such expiration. We also asserted that in connection to this requirement, an employee is required to show current employment authorization through a specific document; otherwise, their employment should be terminated.
To move this discussion forward, we have hammered on the document abuse & storage requirements for Form I-9 in our blog titled “Document Abuse & Storage Requirements for Form I-9” and Part V of this series.
Document Abuse & Storage Requirements for Form I-9
On the one hand, the question concerning when to re-verify employees and when not to do the same should be an issue of concern for employers. Only List C documents (all) and certain List A documents (work eligibility) should be re-verified, and not all List B documents and certain List A documents (identity documentation). Additionally, employees who are U.S. citizens and whose passports expire or those with Permanent Resident cards or “green cards” with expiration dates should not have their work authorization for Lawful Permanent Residents re-verified.
On the other hand, I-9 Forms should be kept and stored separately and not together with personnel records. This is because the I-9 files, particularly those stored electronically, can be inspected at any moment by several government agencies authorized to do so.
As codified under 8 C.F.R. §§ 274a.2(b)(2)(iv), 274a.2(e)(1), employers can minimize any discrimination or privacy violations and limit the access of unrelated files by authorized government agencies as long as they keep and store the I-9 files and personnel records in separate locations.
In our blog titled “Complying with Public Access File (PAF) Requirements for Form I-9” and Part VI of this series, we will move the discussion forward by hammering on how employers can comply with Public Access File (PAF) requirements for Form I-9.
In the meantime, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer & Author.