October 10, 2018
In recent discussions questions have come up about the processing and retention of the I-9 and related documentation and about the proposed Fieldprint Contract for obtaining fingerprints for new employees:
The best source for I-9 information is the Handbook for Employers M-274
, but some common answers are:
- Section I of I-9 must be completed at time of hire (by first day of their employment for pay) and the form must be signed by the employee.
- Within three (3) days of date employment begins, employee must present to employer an original document or document that shows identity and employment authorization.
- The employer’s representative who is completing the process with the employee, must be the one to sign the “Certification” under Section 2, attesting to the fact that he/she has examined the document(s) presented by the employee and that those documents appear to be genuine.
- Employee chooses which documents from A, B. or C Lists that he/she wishes to present. If employee presents document from List A, employer may not ask for additional documents from B and/or C. If employee presents a document from B and a document from C, employer may not ask for additional documents from A.
- Copies of supporting documentation are not required. However, if an employer does make copies of documents, then employer must do that for every employee.
- If documents are presented from List A or List C and have expiration dates, employer must track those expiration dates and reverify on or before the expiration date. (Note: driver’s license is a choice from List B and therefore does not have to be reverified.)
- Regarding retention of I-9: Form can be signed and stored on-site or at an off-site storage. Employer must be able to present I-9 within three days of an inspection request from Department of Homeland Security, the Department of Justice’s Civil Rights, Immigrant and Employee Rights Section (IER) or the U. S. Department of Labor (DOL). According to Source Document there is no statement preventing employer from having the I-9 in a personnel file.
Fieldprint answers may have to wait – we are in the first week of the pilot (three VNPP members are part of the pilot!) and some parts are going well, others have been a challenge. We will be able to provide the pros and cons of at least two models for management of the process and some tips to make the roll-out go smoothly for most of you in December!