I-9's Section 2

Cherrye · February 2004

I have been reviewing our I-9's and found that Section 2 information has not been filled out. However, photo copies of the documents are attached. I say this is not sufficient, my supervisor says it is as long as copies are maintained with the I-9 for every employee.
Which method is correct?

Don D · February 2004

Your supervisor is incorrect. The law requires employer's to have the completed form for all persons hired after the effective date. The law does not require that documents or copies of documents stapled or kept or retained. Your supervisor appears to have substituted his/her own judgement for what is a very clear law. If you were to be audited, you would be cited at minimum and fined at worst.

Nat · February 2004

Don is exactly right. They must be filled out. In fact, at the last NCDOL meeting I went to, there was discussion as to whether it was even legal to copy a Social Security Card to put with the I-9.

Tish · February 2004

I also agree with Don, and taking it one step farther, when filling out the section - if the documentation you are recording falls under column B on offical documents acceptable, make sure that you are recording that information in column B, same for column C. Don't mix them up.

HRsage · February 2004

[font size="1" color="#FF0000"]LAST EDITED ON 02-20-04 AT 12:14PM (CST)[/font][br][br]I agree with the other posts. You need to see the original documents to satisfy the I-9 requirements and then fill out Section 2.

You can make copies after you have seen the originals and filled out Section 2 and then keep them with the I-9s. But if you do that you must do that with everyone. Maybe that's what your Supervisor is thinking.

vic · February 2004

I keep completed I-9's in a binder ( one for each state where we have plants). I keep copies of ID's, SS#, etc. in a separate binder inside my file cabinet. I keep I-9's on terminated employees in a separate binder. I read somewhere in the past that you shouldn't keep I-9's and the actual copies of identification together. If an agent shows up to audit these, all you have to do is give them the updated binder of I-9's.

Don D · February 2004

VIC: You're letting your fear of an auditor force you to have three separate filing systems; one for personnel documents, one for the I-9 and another for the verification document copies. It's true that the I-9 should not be filed in the personnel file. This keeps the nose of the auditor out of those files. It's also true that nothing requires us to photocopy documents or file them. But, I would certainly not go to the extra bother of filing them in yet a third location if I did have them.

It's my thought that these people send us enough hoops to jump through without my creating yet another one for me to jump through. x:-)

mwild31 · February 2004

Hi Vic - I agree with Don. As someone who has gone through an audit with an agent - your extra step of a 3rd place for the photocopies is not necessary for their purposes. I keep my I-9's in a separate binder & we attach the copies of SSN's, Driver's Licenses, etc. to the I-9's. In addition, this binder is locked up at all times.

vic · February 2004

I was an assistant HR a few years ago and the company had been audited before I came. They were told not to keep copies of any documents with the I-9's. I myself went through an audit before also and was told the same thing about the copies. I keep the copies of all the ID's for my own records. About 45% of my plant employees have green cards so I give them a reminder in plenty of time to renew. I was always told that the agents did not want to see the copies but I guess it could depend on the agent.

Don D · February 2004

Aha Vic, I have spotted the answer to our dilemma! You nailed it when you said, "The agents did not want to see the copies." They may not want to see them. But they may HAVE to see them if that is the employer's chosen manner of filing. The Immigration Reform And Control Act of 1986, which serves as the legal basis for all of this, neither requires copying nor addresses where copies, or I-9s for that matter, should be filed.

I'm sure that any auditor wants us to make his/her job easier so they can leave early. In their perfect world, we would have all the I-9s in neat folders, alphabetized, typed, no copies of anything, sitting in a plush reading room on a small table beside a recliner with cool wine and pleasant music to make them comfortable. If I were an auditor, that's what I'd like too.

I-9's Section 2

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