Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, legal marketing, and development.

Still, here at Miletti Law®, we feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, to achieve this goal, we have committed ourselves to creating authoritative, trustworthy, & distinctive content. Usually, this content is featured as videos posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and feel the positive impact of the knowledge bombs that we drop here!

As the authoritative force in Employment Law, it only seemed right to introduce one of the many upcoming series in which we introduce a variety of topics that looks to educate and deliver in a manner that only Miletti Law® can. To that end, 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.