Old I-9 Forms

Golf · February 2002

I know you have to keep I-9 forms for one year after the employee has terminated. Then what do you do with them? Not sure if you shoule arcive them or throw them away.

Thanks

Margaret Morford · February 2002

Here's my practical suggestion so that you don't do the double work of purging personnel files and I-9 files. When you pull the personnel file of an employee that has terminated, pull their I-9 at the same time and put it in the personnel file, so all documents are in the same place. Handle the personnel file in the normal manner, archiving and then destroying when appropriate.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

System · February 2002

I thought it was best to keep the I-9 separate from the employee file. Does that only apply for active employees?

Cathie · February 2002

I keep my I-9's completely separate. I have one file for active employees, filed alphabetically, and another one for termed employees, filed chronologically, with the next one that can be discarded on top.

I do not archive them; I shred them on the first day that it is legal to do so. Reason: While I am careful with my I-9's, some of my predecessors were not, and as the employees were termed, there was nothing I could do to correct them. Should I ever get audited, I don't want any more incorrect I-9's on the premises than I have to have. Why should I set myself up for more fines?

lasiter · February 2002

My question is not entirely on point, but the dialog here piqued my interest. As a municipality, we maintain personnel files for 1,000+ current employees and terminated files for about two years before sending them to storage. We have one room for current file cabinets and one room for terminated file cabinets. That is all the space we have for file cabinets. We maintain separate personnel file cabinets and medical file cabinets. I am just now hearing that it is better to also keep I-9 files separate, although there is no law that requires it. We have only one city employee who is not a citizen, but who does have H1b work permit status pending receipt of her green card. Why is it recommended that employers keep separate I-9 files too?

js · February 2002

I would like to point out that Golf said he knew you had to keep I-9's 1 year after termination.

It is one year after termination or 3 years after date of hire for terminated people, whichever is later.

If a person starts 1-1-02 and quits 1-10-02 you can not get rid of the I-9 on 1-10-03, you have to wait until 1-1-05!

Dottie · February 2002

[font size="1" color="#FF0000"]LAST EDITED ON 02-26-02 AT 08:33AM (CST)[/font][p]In answer to "lasiter's" question, if you scroll further down in this section of topics, there is a discussion begun by KStater from MO about "Where to keep I-9's." There is some good information in that section that might help answer your question.

alga · February 2002

I just read the good article "Tip of the Week - I-9". Being a good reader/listener I am checking my I-9's. First, I have to remove every one from the Personnel file, and as I started I came across some old I-9 forms, and as mentioned by one Poster, some one else did not get all the information, mostly the experation dates are missing.

But, I also find different Alien Cards, can any one tell me what type of Alien Cards are out there? I got a "Permament Resident Card" in front of me which has a "card expires date" and "Resident since" date. Then I have a "Resident Alien Card with a Department of Justice stamp on it, but no dates.

What is the difference in these cards, and are there any other types I need to look for. This is my first time in this forum and I know from reading other questions and responses I will enjoy it. Thanks!

System · February 2002

I also have some unanswered questions about old I-9's. What do we do if we have copies of the documentation but it hasn't been filled out, and the person who actually saw the original is no longer with the company? Also, items listed in Column A on the back of the I-9 specify that documentation must not be expired, however Column B items have no such stipulation. Can we accept an expired items in this column if it meets other requirements?

js · February 2002

Items in Column B, that establish identity, can be used even if they are expired. And if they are current, and they expire during the employee's time with the company, they do not need to be updated.

Items in Column A must be updated when they expire.

If the incorrect I-9 is for an employee that currently works with you, fill out another one ASAP. If the incorrect I-9 is for an employee that does not work for you, and you have a number of those problems, you may want to consider documenting your knowledge of this. Specify a date in which you discovered these problems, what you have done to correct them, and then do them correctly from that date forward. The company may still be penalized during an audit but it shows you made an effort to become compliant.

From your date of compliance foward, either keep the photocopied ID for everyone, or no one. Everyone has a different opinion on whether you should keep it or not and no particular answer is legally right or wrong. But be consistent.

Set up some destroy date files for your I-9's so that you can get rid of the bad ones from the past on the first possible allowable date.

Cathie · February 2002

Not all Column A documents have to be updated when they expire. A US Passport, for example, does not; nor does a Certificate of US Citizenship. Other Column A documents do, because they indicate a temporary work authorization.

js · February 2002

You are right, I forgot about those two documents. Sorry ;-)

System · February 2002

For those of you who don't know, there's a section of this Employers Forum that's devoted to HR forms, documents, and policies. It's called HR Documents 911, and you'll find it near the end of the list of conferences. It has several I-9 discussions. Hope it helps.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Old I-9 Forms

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