As the U.S. Citizenship and Immigration Services (USCIS) issues a new version of its Form I-9, Employment Eligibility Verification, employers have the opportunity to revisit and examine their compliance practices. Starting on May 1, employers will be required to use this new form, or face significant penalties. While the printed version looks the same, the most visible changes appear in the electronic version online – an important distinction as workplaces go paperless. Because government I-9 audits have risen sharply in recent years, we advise our clients to keep I-9 compliance on their radar. Our immigration team offers the top 10 (plus a bonus!) best practices for how to stay compliant with I-9:

1. Complete I-9 for all employees, including U.S. citizens, and keep them on file for all current employees
2. Have your employee complete Section 1 on his or her first day
3. Do not request more documentation than is required to show identity and employment authorization, or ask for a particular document to show identity or employment eligibility
4. You may complete I-9 early, but not before offer and acceptance
5. Promptly re-verify employment authorization 90 days prior to expiration
6. After employment ends, keep I-9s for at least three years from the date of employment or for one year after the employment ends, whichever is later
7. Conduct regular self-audits of I-9 files to find discrepancies or errors
8. Promptly destroy records that are not required to be maintained
9. Keep I-9 records separate from personnel files. This limits undue access by the government agencies with authority to inspect your I-9s
10. Keep copies of the documents presented by the employee with the I-9 form
11. Avoid “citizen-only” or “permanent resident-only” hiring policies unless required by law, regulation or government contract

Harris Beach has prepared summaries of document retention in the immigration context and I-9 compliance for your reference.

Remember: I-9s can be retained in paper, microfilm, microfiche or electronic formats. You may keep completed paper forms on-site or off-site, as long as you are able to produce the I-9 forms within three days of an inspection request.