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Filling out an I-9 form on every employee is required by the Department of Homeland Security - U.S. Citizenship and Immigration Services (USCIS), formerly the INS (Immigration and Naturalization Service). As an employer, you must fill out an I-9 form for every employee that you hire. The I-9 verifies that you have checked two approved forms of identification that prove the employee is legally authorized to work in the United States.
You may want to keep all employee I-9s, and the accompanying documentation, in a separate personnel file for these reasons. The government may inspect these forms. If government employees inspect your I-9 forms, you do not want to allow them access to your employees' private personnel files and the confidential information they contain.
So, in the interest of employee confidentiality and restricted access, you want to isolate your employee I-9s in one folder that is specifically dedicated to I-9 storage. This protects your employee's privacy and also saves the employer from potentially answering additional questions that are raised by the contents of the employee personnel file. You might unwittingly open up your company to increased investigation by USCIS employees.
See a current I-9 Form at the Department of Homeland Security - U.S. Citizenship and Immigration Services (USCIS).
Additional documents related to personnel files are available.
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Disclaimer – Please Note:
Susan Heathfield makes every effort to offer accurate, common-sense, ethical Human Resources management, employer, and workplace advice both on this website, and linked to from this website, but she is not an attorney, and the content on the site, while authoritative, is not guaranteed for accuracy and legality, and is not to be construed as legal advice.
The site has a world-wide audience and employment laws and regulations vary from state to state and country to country, so the site cannot be definitive on all of them for your workplace. When in doubt, always seek legal counsel or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct. The information on this site is for guidance, ideas, and assistance only.
