Form I-9 is used to verify an employee’s legal eligibility to work in the United States of America. Section one must be completed by the employee on or before the first day of employment. The I-9 can be completed prior to the start date, so long as an employment offer has been extended. Section two must be completed by the employer or their representative within three business days of a new employee’s first day.

The new, “smart” version of Form I-9 prevents users from completing certain sections of the form out of order. It is recommended you complete the sections in order as the form will automatically fill in subsequent sections based on responses in section one.

How Should I-9s Be Stored?

Separately. We recommend that you keep all I-9s in either a separate master file or a three-ring binder. Because I-9 files are subject to unique record retention laws, a separate master file or three-ring binder will help ensure that you retain these forms for as long as necessary and that you can readily discard them after the retention period expires.

For ease of organization, we even recommend removing an employee’s I-9 from the master folder or binder on their termination date and storing it a separate “terminated employee” I-9 file until the appropriate destroy date.

Are We Required to Make Copies of the Documents?

Usually not. Unless you participate in the E-Verify program, you’re not required to photocopy or scan documents for retention, and doing so is voluntary. However, if you wish to make photocopies of documents other than those used for E-Verify, you should do so for all employees, regardless of national origin, citizenship, or work authorization, and you must be consistent with this decision. In addition, these photocopies must be stapled to the I-9 and may not used for any other purpose.

Do All Workers Need to Complete the I-9?

No. Non-employees including volunteers, unpaid interns, and independent contractors should not complete an I-9, as none of these workers (if properly classified) are employees.

Additionally, those hired before November 6, 1986, those hired for casual domestic work in a private home, and those who do not perform work on U.S. soil, do not need to complete an I-9.

Lastly, those providing labor to you, who are actually employed by a contractor providing contract services (e.g., employee leasing or temporary agencies), do not need to complete an I-9 with you; the I-9 should be done with their primary employer.

If an Employee Changes Their Name or Address, Do We Need to Do Another I-9?

Usually not. Except for certain government contractors or in some situations involving use of fraudulent documents, employers do not need to update or complete a new I-9 when an employee changes their legal name or address. An employee is not required to provide documentation to show that they have changed their name for the purpose of the I-9. However, USCIS recommends maintaining correct information on I-9s and taking steps to ensure a name change is legitimate. To update the employee’s original I-9, enter their new legal name in Box A of Section 3, and then sign, date and print your name on the final line.

How Long Should We Store an I-9?

Quite a while. Form I-9s should be retained for the full length of an individual’s employment with you. Then, after employment has ended, they must be stored for 3 years after the date of hire, or 1 year after the date of termination, whichever date is later.

Once an I-9 is past its retention period, you may destroy it. We recommend a secure shredding company to ensure proper disposal and that documents related to an employee’s identity are secure.