Must the employer retain copies of Section 2 documents?
The employer may keep copies of the documents presented by the employee with the I-9 form, but is not required to do so. Employers with established, consistent IRCA compliance policies may prefer to make copies of documents in order to establish during a government audit that the employer had a reasonable basis for concluding that the employee was eligible for employment. Maintaining copies of documents may also help the employer to avoid or reduce fines for paperwork violations. If copies are made, the regulations require they be maintained together with the Form I-9.
Related Questions
- Why must an employer make copies of supporting documents when the Photo Matching tool is not available to Designated Agents?
- Should the employer view and record documents for Section 2 in all three documents, Lists A, B, and C?
- How should copies of the documents submitted under section 333 be certified?
