Question: How Long Do You Keep An I 9 On File?

Does an I 9 Form expire?

I-9 forms that list green cards that have since expired should not be reverified.

Green cards indicate permanent residency in the United States, and they expire just as driver’s licenses do..

How long do you need to keep terminated employee files?

one yearEEOC Regulations require that employers keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination.

When can you destroy an I 9?

You can destroy a former employee’s I-9 records one year from the date of termination or three years from the date of hire, whichever is later. Current employee’s I-9 records must be maintained for their entire period of employment.

What happens if i9 is not completed in 3 days?

If the new hire does not present acceptable identification documents by the end of three business days after the first day of work for pay, you may terminate the employee for failing to complete the I-9 form.

Do 1099 employees need i9?

You are required to complete and retain a Form I-9 for every employee you hire for employment in the United States, except for: … Independent contractors or individuals providing labor to you if they are employed by a contractor providing contract services (for example, employee leasing or temporary agencies).

Can you accept copies of documents for I 9?

May I accept a copy of a document from an employee? No. Employees must present original documents. The only exception is that an employee may present a certified copy of a birth certificate.

Can you work without i9?

An incomplete I-9 form does not affect an employer’s ability or obligation to pay an employee. … The Fair Labor Standards Act (FLSA) requires employers to pay an employee who performs work, even if the employee is found to be unauthorized to work in the U.S. or quits employment prior to completing the I-9 form.

What do I do with a i 9 terminated employee?

Never dispose of a current employee’s Form I-9; you must keep it for as long as the employee works for you, and for a certain amount of time after they stop working for you. This requirement applies even if the employee ends employment shortly after you hired them.

Does I 9 address have to match driver’s license?

In section 1 of the I-9 form you have to fill in your address. Additionally, you have to provide at least one of the qualifying documents from List A (must be current and not expired), or 1 document each from both List B and List C (also current and not expired.)

Should you keep copies of ID in personnel files?

Copies must not be used for any other purpose. … If copies or electronic images of the employee’s documents are made, they must either be retained with the Form I-9 or stored with the employee’s records.

Can I 9s be stored electronically?

Forms I-9 may be stored on paper, microfilm, microfiche or electronically. Completing Form I-9, Employment Eligibility Verification, requires collecting personal information about employees.

How often do you need to complete an I 9?

A: Employers must retain I-9 forms for at least three years, or for one year following the employee’s separation from the company, whichever is later. It is a best practice to store all I-9 forms together in one file since they must be produced promptly following an official government request.

Do employees have to fill out a new I 9 every year?

Employees rehired three years after you originally completed their Form I-9 must complete a new Form I-9.

What if an employee never completed an i9?

Failure to comply with I-9 verification and document retention requirements could result in a penalty. The minimum penalty for a first offense is $110; the maximum penalty is $1,100. Penalties are assessed based on several factors, including: The size of the employer.

Does the I 9 need to be completed in person?

Employers hiring remote workers don’t get any kind of break from the requirements. They are expected to verify employment eligibility by reviewing original documents in person with the employee and completing the Form I-9 within three business days of the new hire’s start date.