I-9 forms

msoto · August 2001

I started to work , in a company where, for some strange reason, employees were I-9 every year. In addition, application were completed every year as well. My question is, whether or not I should destroyed all I-9 form, and I-9 them again, and maybe attached a memo stating the reason why this person has been with us for over ten years, and the I-9 form has today's date? Same thing for the applications, I just want to keep them most completed anc accurate and destroyed the rest. May I do this? Is there any other way to fix this mess? HELP!

franfields · August 2001

I have a similar problem. When I joined the company there were I-9's for some employees but not all. Many that we had were incomplete. I am considering updating I-9's company wide and, after that, with new employees as it should be done.

System · August 2001

That's a new one! Check out [url]www.ins.gov[/url] to review the I-9 requirements. You may want to discuss the situation with your counsel -- he or she may be able to discuss strategies for dealing with this situation in the event of an INS audit.

Down_the_Middle · August 2001

My experience with the INS is that they're reasonable when a good-faith-effort and intent to do the right thing is clear. Experiencing a similar mess some years ago, I developed an internal memorandum (explaining the condition of the I-9's that you inherited)and outlining a plan to ensure future compliance.....that all new hires will complete an I-9, will no longer do annual updating, etc..... Sort of like drawing a line in the sand and correcting the problem. An INS inspector saw my memo couple of years later and concluded that this was acceptable. This is a grain of sand in HR's pile of issues, so making an exhaustive effort to correct an old problem just doesn't add value, so I'd make a good-faith-effort to fix it and move on to other more important issues. If you recognize the problem and fix it, you're chances of being criticized later are very minimal.

JodiSD · February 2003

I'm having the same problem with my current company...I've been going through all the employee files and almost 80% of the I-9's haven't been completed properly due to major turnover in the HR dept. Should I just re-do every current employee's I-9? And if so, do I keep the old records that show that they were incomplete? Any help here would be great! Thanks! -Jodi

windjam · February 2003

I had a similar challenge several years ago when I started with my current company. I was the 8th HR person in 6 years and the first with any previous experience! I was not aware of all that when I was hired or I may have re-thunk the job! Out of 400+ I9's, there were less than 50 completed properly, In consulting with a local attorney who specialized in employers and immigration law he suggested the following: Audit ALL active employee I-9's - forget terminated employees as you can't do much once they are gone. Send a personalized letter, by regular first-class mail, to everyone who did not have a completed I9 requiring them to come to our office by a specific date to complete a new I9. We included a copy of the front and back, clearly marked "SAMPLE", and indicated in the letter that they needed to bring id as listed on the back of the I9. A copy of each letter was attached to the old form, if there was one. When the new form was completed it was also attached to the letter and old form. If someone did not come in by the deadline a second notice was mailed and one given to their supervisor stating that their paycheck would be held in the office and would be released at the time they completed the company-required paperwork. Failure to comply was considered a violation of company policy and procedures. It was a real headache but we also "caught" some individuals who had invalid work permits, "phony" social security cards etc. In talking with an INS agent recently he said our procedures were exactly what they would want to see happen. We recognized the problem and immediately dealt with it. Do not destroy the old incomplete forms with the idea that if they can't see them it will be ok. If you get caught that will be even worse on you from a penalty standpoint. Fortunately for us our turnover is such that probably less than 50 of the forms that have the letter attached are still in our files - the rest are terminated and are in the process of being shredded as the expiration comes up.
Hope that helps.

vertu · February 2003

I-9's should be completed when the accepted documents expire. Thier start date is not relivent to the date the I-9 was signed. Although I usually attach them all together - I don't distroy the expired document

I-9 forms

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