A written I-9 compliance policy should cover the following:

  • who is in charge of immigration compliance;
  • training requirements, including how often, for those HR and other personnel who are in charge of completing the Forms I-9;
  • a zero tolerance policy for the employment of individuals who cannot comply with IRCA’s employment verification rules;
  • will the company retain supporting documents for the I-9 forms;
  • will the company utilize an Electronic I-9 system;
  • specify the retention policy – former employees’ I-9s must be maintained for the longer of 3 years from date of hire, or 1 year after employee’s employment ends;
  • where will the I-9 forms be maintained;1
  • there should be two files, active employees and former employees;2
  • will the company use E-Verify;
  • is E-Verify required under state law or federal law (FAR E-Verify);
  • how will the company handle remote hires;
  • what type of “tickler system” will be set up to remind employees who need to re-verify their work authorization;
  • rules for working with outside contractors; and
  • determine what kind of questions can be asked about national origin and citizenship status before a job offer.

 

[1] The I-9 forms should be centrally maintained at the company’s main office or by location.

[2] The I-9 forms and documentation should not be kept in the personnel files.

X. | Index | XII.

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