Required Documents
An employer can not
specify which
documents the person
must provide.
The person
must however,
provide a document
from LIST A; or a
document from LIST B
and a document from
LIST C.
Verification of
Documents
Presented documents
must be originals,
no photocopies.
The only
exception is a
certified copy of a
birth certificate.
If the
documents appear at
face value to be
genuine then you
must accept them.
Social Security
cards must not say
“NOT VALID FOR
EMPLOYMENT”.
Photocopying
Documents
Page 15 of the INS
Handbook for
Employers states:
"The law does not
require you [an
employer] to
photocopy documents.
However, if you wish
to make photocopies,
you should do so for
all employees, and
you should retain
the photocopy with
the I-9. Photocopies
must not be used for
any other purpose."
Completion of I-9
The Form I-9 Section
1 must be completed
by the employee on
or for the first day
of work.
The Form I-9 Section
2 must be completed
within three
business days from
the date of
employment.
If documents
are lost or stolen
the employee must
provide a receipt
for replacement of
document within
three days.
The actual
document must be
presented within 90
days from date of
employment.
If the
employee fails to
produce proper
documentation you
may terminate
employment as long
as you apply this
practice
consistently.
Every employee hired
after November 6,
1986 must complete
the Form I-9.
This document
is not to determine
a person’s
citizenship, but
their work
authorization.
Expired Documents
You can accept
expired documents
from LIST B for the
purposes of
completing the Form
I-9.
You may also
accept an expired
passport per INS
Handbook for
Employers as it does
establish identity
and work
authorization (US
Citizenship).
If your employee is
a Foreign National
and work
authorization
expires, you will
need to complete
Section 3 and
reverify before the
expiration date.
If a “Green
Card” was presented
and expires after
employed you are not
responsible and
should not reverify
this document.
Retention
You
must retain the Form
I-9 for three years
after date of
employment or one
year after date of
termination,
whichever is later.
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