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I-9 Procedures

  1. I-9 forms do not have to be filled out on applicants, just on newly-hired employees

  2. new I-9 rule from the U.S. Department of Homeland Security: only documents that are unexpired when shown can be used for I-9 purposes (once shown, a U.S. passport, an alien registration receipt card/permanent resident card, or a List B document does not need to be reverified, even if it expires after the employee was hired)

  3. an employer has up to three (3) business days following hire to get the I-9 form filled out

  4. 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 (what the government calls "document abuse")

  5. if the employer makes copies of the documents shown by the employee, it should keep them in a separate I-9 file in case of a CIS (formerly known as INS) audit

  6. 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

  7. 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 7 years after the employee leaves in order to exhaust all the statutes of limitation

 

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