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I-9 Reviews - Frequently Asked Questions


As an employer, what is my responsibility concerning the authenticity of documents presented to me?

You must examine the documents and, if they appear to be reasonably genuine and relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not appear reasonably genuine and relate to the person presenting it, you must not accept it. You may contact your local U.S. ICE office for assistance.


May I accept a photocopy of a document presented by an employee?

No, employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.

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What should be done with Forms I-9 after they are completed?

Unlike tax forms, for example, I-9 forms are not filed with the U.S. government. The requirement is for employers to maintain I-9 records in their own files for three years after the date of hire or one year after the date the employee's employment is terminated, whichever is later. This means that Form I-9 needs to be retained for all current employees, as well as terminated employees whose records remain within the retention period. Form I-9 records may be stored at the worksite to which they relate or at a company headquarters (or other) location, but the storage choice must make it possible for the documents to be transmitted to the worksite within three days of an official request for production of the documents for inspection.


As an employee, what is my responsibility regarding Form I-9?

As a new employee you must complete Section 1 of a Form I-9 no later than close of business on your first day of work. Your signature holds you responsible for the accuracy of the information provided. Your employer is responsible for ensuring that you complete Section 1 in full.

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