What are the electronic retention requirements for Form I-9? As per the United States Citizenship and Immigration Services (USCIS), film stock that is capable of preserving and allowing the access and use of the images throughout the whole period of retention may be chosen. Notably, for the purposes of accessing any particular records promptly and effectively, a detailed index of all data should be included.
Additionally, when being reproduced on paper or displayed on a microfiche or microfilm reader, the microfiche or microfilm must exhibit a high level of readability and legibility. The employer must also provide, upon receiving an inspection notification, the microfiche or microfilm and a reader-printer that (1) has the capability of displaying and printing a complete information page, (2) is in good working condition, adequately maintained, and clean, and (3) provides safety features.
To move this discussion forward, we have hammered on the re-verification requirements for Form I-9 in our blog post titled “Re-verification Requirements for Form I-9” and Part IV of this series.
Re-verification Requirements for Form I-9
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. In connection with this requirement, an employee is required to show current employment authorization through a specific document; otherwise, their employment should be terminated.
In order for employees to possess valid documents of employment authorization before their expiration, they are supposed to ensure sufficient filing of the necessary petitions or applications should their employment authorization or immigration status expire. As a best practice that would serve to remind employees of upcoming dates of expiration and to ensure timely re-verification, employers should be encouraged to use a calendar/tickler reminder system. In order to avoid gaps in eligibility for employment, employers should remind their employees two or four months before the date when their employment authorization or immigration status is expected to expire.
In Part V of this new series and our blog post titled “Document Abuse & Storage Requirements for Form I-9,” we will move the discussion forward by hammering on the requirements for document abuse and storage 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, & Publisher.