How Long Must An Employer Keep I 9 Forms?

What triggers an I 9 audit?

An I-9 audit can be triggered for a number of reasons, including random samples and reporting by disgruntled employees (or ex-employees).

Certain business sectors, for example food production, are especially susceptible to I-9 audits, and “silent raids” by ICE..

Do I 9 Forms need to be submitted?

Employers must: Have a completed Form I-9 on file for each person on their payroll who is required to complete the form; Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and.

Are employers required to verify i 9?

To comply with the law, employers must: Verify the identity and employment authorization of each person they hire; Complete and retain a Form I-9, Employment Eligibility Verification, for each employee; and. Refrain from discriminating against individuals on the basis of national origin or citizenship.

What payroll records must be kept?

You must keep all payroll records for at least three years, according to the Fair Labor Standards Act (FLSA). And, you need to keep records that show how you determined wages for two years (e.g., time cards that comply with FLSA timekeeping requirements).

How do I check my i 9 status?

E-Verify is fast, free and easy to use. Employers can learn more about E-Verify at www.E-Verify.gov or by calling 888-464-4218 or 877-875-6028 (TTY). Employees with questions about E-Verify may call 888-897-7781.

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.

Is there a new I 9 for 2020?

On Jan. 31, 2020, USCIS published the Form I-9 Federal Register notice announcing a new version of Form I-9, Employment Eligibility Verification, that the Office of Management and Budget approved on Oct. 21, 2019.

How long must you maintain employee medical records?

Employers must save these records and the OSHA annual summary for five years following the end of the calendar year in which the records originated. However, employers must keep medical records for employees exposed to toxic substances or blood-borne pathogens for up to 30 years after the employee’s termination date.

What is needed for I 9 verification?

For badging purposes—Two forms of identification (such as a state driver’s license, state identification card, U.S. Passport, military ID card, birth certificate, or Social Security card). For I-9 purposes—You must choose from the List of Acceptable Documents : … One document from List B and one document from List C.

How long do you need to keep employee files after termination?

three yearsThe FLSA requires that employers maintain nonexempt records for three years from the employment termination date. The FLSA requirement is two years for records like collective bargaining agreements, performance appraisals and documents that may satisfy requirements to justify pay scales, wage rates and salary levels.

Does an I 9 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. The expiration date does not indicate that the holder is no longer authorized to work in the U.S.

Will an expired passport work for i9?

The New Form I-9 The most important change appears at the top of the form: “All documents must be unexpired.” In the past, an expired U.S. passport could be used to verify an employee’s identity and work authorization.

When can I 9 forms be destroyed?

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.

How often do I 9 Forms need to be updated?

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

How should I 9 forms be stored?

If copies of documents presented by your employees were made, they should be kept with the corresponding Form I-9. You may also retain the instructions and Lists of Acceptable Documents pages. Forms I-9 may be stored on paper, microfilm, microfiche or electronically.

Is it better to be fired or to quit?

“It’s always better for your reputation if you resign, because it makes it look like the decision was yours –– not theirs,” Levit says. “But if you resign, you may not be entitled to the type of compensation you would receive if you were fired.”

Can you fill out an I 9 electronically?

USCIS offers a Form I-9 that can be completed on a computer but does not have full electronic capabilities.