I-9 - To copy or not to copy?

Dianna

I need help. Do you copy documentation for I-9 forms? Why or why not? I have heard both and need more input. We have copied documentation in the past, but the latest seminar I attended stated that you are basically giving an auditor additional information to use against you if you have copies of the documentation. Would be very interested in any responses. Thank you!

TheCol

Without going into "Column A" or "Column B and Column C" on the rear of the I-9, you have two options: Copy the information from the supporting document accurately (SSN, Driver's License with all the numbers!) or, make a copy of the two documents. You write "See attached" accross Columns B and C and you are done. Guess which I do! Of interest, our local DOL auditor told me that if you do "See Attached" on one employee that you must do likewise for all employees although his rationale escaped me. I do it anyway as a dual function of accuracy and laziness.

The seminar presenter would be correct in the danger of copying driver's license with photo during interviewing processes for discrimination charges for the non-selected candidate.

I-9's are inspected during an audit for allegations of payroll violations, to tell you when they might be examined.

Down_the_Middle

Having experienced a random INS inspection a short time ago, the inspector made it very clear that photocopies are necessary to verify the employees right to work in the U.S. He and I discussed this very question and he told me that he issues citations for lack of evidence (copies). For what it's worth......

Blanche

I'm a little disturbed by D-T-M's experience with an auditor who apparently issues citations when he finds no copies of I-9 documents. The I-9 form itself addresses this issue - and in plain language states that an employer may make copies, but is not required to. INS officials I have spoken to consistently frame their expectations as "good faith efforts" of an employer to ascertain that the documents are what they purport to be. A company representative's signature attesting to this in the appropriate box should suffice.

Also, it is key to note that any copies made must be attached to the I-9 form. If your I-9 completion process - in light of how an inspector may conduct an audit of your I-9 records - has you supplying "evidence" in the form of copies of submitted documents, be sure to make copies of every document for every employee and not just INS related papers and ID's to avoid the appearance of a disciminatory practice.