I-9 forms

Richard S

I have examined the forms refered to before in this forum about this matter. I cannot find where the INS demands that these forms be placed in a seperate place from the personnel folders. Are we making this assumption based upon general privacy of the employee personnel folder?

DB

Another respected company which I also use for research states that the "Immigration Reform and Control Act . . . does not specify where I-9's must be kept." It goes on to say that most experts recommend keeping the I-9's separate for two reasons: 1)keep the auditors out of the full employment file and 2)keep information regarding an employee's national origin out of their employment file.

Granhel

I quote from Business & Legal Reports, Inc.- Useful tips for employer recordkeeping regarding I-9's: "Because I-9's contain age and citizenship information, it is probably best to retain them in a locked file, separate from other personnel files."

I personally have not seen a law that requires the forms be seperated, however, since it is confidential information, an employee could file a grievance if the information was used discriminately against them and if an INS Agent pulled an audit there is no use in giving them more information than the I-9's (having them seperate makes it easy to just provide what they have a right to review).