Where to keep I-9s

KStater · February 2002

Where did I get the idea that I-9s CANNOT be kept in the personnel file? Every place I've worked as an HR person, I've been told that I-9s are to be kept in a separate, easily accessible file for the correct periods of time, similar to medical information being kept in a separate file. But I can't find anything in the INS literature that says I-9s can't be kept in the personnel file along with the application, benefits info, etc. SO why are we always advised to keep them separate? Thanks in advance for your responses!

bsa · February 2002

It is not a law or a requirement of INS, just a good HR [u]practice[/u]. If your I'9's are ever audited, you provide the seperate file with active I'9's. Sometimes, "things" we keep in our personnel files can cause questions that would not otherwise have been asked.

Theresa Gegen TX · February 2002

One reason not to keep them in the personnel file is so that managers do not make employment decisions based on citizenship status. If the manager only knows that the employee has a right to work in this country (and doesn't know details about the employee's citizenship status), the manager cannot mis-use that information as a factor in making job decisions.

Good Luck!

Dottie · February 2002

Another good reason to keep them separate is that it is easier for the employer to audit the identifications that are presented by the employee for verification of his/her right to work in the United States. Some forms of identification expire, such as an employment authorization issued by the INS, a Temporary Resident Card, etc. It is incumbent upon the employer to secure new identification from the employee when the old expires and make a record of it.

Rockie · February 2002

There is no regulation that states they cannot be kept in a personnel file - but for audit purposes, it would be easier to pull out a notebook than to pull I-9s from every personnel file.

I hav worked in different HR arenas and some keep separate and some keep in the personnel files.

Where to keep I-9s

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