I-9 Process - Illegal To Copy Document?

Don D · July 2003

I was in a seminar last week in which it was said that even though a company may choose to copy and retain the documents they use in the I-9 process, it is illegal to copy an immigration type document for ANY purposes. I've not heard that before, ever, in all these years. Who might know if that is true or untrue?
All I'd heard on this subject before is that if you choose to copy documents you cannot do it selectively and must do so across the board, consistently in all cases.

Rockie · July 2003

Never heard of such a thing! We copy and retain documents that pertain to the I-9 files no matter what category they come from.

LindaS · July 2003

I was always under the impression that copies were okay, as long as it was done with everyone. I make copies of the documents used for the I-9 and attach them to the form (kept separate from the personnel files, of course). Never heard of a legal problem with that.

cebudragonlady · July 2003

I think that the applicable law, allows copying for the purposes of
eligibility verification. See USC Title 8, Chapter 12, Subch. II,
Part VIII,Section 1324b.

Chari

Peyton Irby MS · July 2003

we are unaware of any INS document that cannot be copied. as you note, only documents to verify employment eligibility and identity are to be copied. you are not required to copy any document, but most employers do so to demonstrate a "good faith" inquiry.
Peyton Irby
Editor, Mississippi Employment Law Letter
Watkins Ludlam Winter & Stennis, P.A.
(601) 949-4810
[email]pirby@watkinsludlam.com[/email]

Steve McElfresh · July 2003

Don,

I think you got the answer on copying immigration documents. On the other part of your query, whether you have to copy for one and all . . .

I am not aware of any reg. or guideline that says that (corrections welcome). However, I could imagine that doing so selectively could raise questions in the mind of an auditor as to why you did in some cases and not others. Which could lead to more and unnecessary questions and examination. But that is speculation.

Warm regards,

Steve McElfresh, PhD
Principal
HR Futures

408.605.1870

Ruskanen · July 2003

We never copy documents for the I-9. The idea was that if you make a tiny error, for example, transposing the numbers of the document, you have the proof right there that you goofed. Also, I find that I'm glad I don't make copies because employees come up here all the time wanting copies of their documents. I can just tell them that we don't have any and they go on their way. I'd hate to get into a situation where I'm always making copies for employees who have a hard time keeping track of their identification.

HR in Okla · July 2003

A seminar I attended said never copy the documents because you have proof if you goofed and accepted a laminated card or some other unacceptable thing. You sign an affidavit that you saw them and they appear to be legal. That satisfies the requirement.

Don D, have you had your federal contract compliance audit you mentioned a while back? We're waiting to see if you got any new info from the auditors to share.

Don D · July 2003

I'm typically not a procrastinator; but, I am with this one. I have until 2pm on July 28 to mail them the requested AAP and a multitude of related documents and floppy disc of rates. I can't muster the energy to do that with important things to do.

HR in Okla · July 2003

Right, all the discussion on the forum is definitely more important. Besides I've always heard you should push those deadlines to the edge. Why be early?

No one really cares, unless you are LATE.

I-9 Process - Illegal To Copy Document?

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