Storing and Organizing Your Form I-9 Documentation

Maintaining compliance requirements in business is often all about effectively managing paperwork. During hiring, that usually means making required FCRA disclosures and sharing other statements of rights. After hiring, employers must complete an employee’s I-9 documentation within three days of commencing employment. You don't mail these forms anywhere or submit them to any government agency. Instead, you must retain them on your premises.

That requirement makes the I-9 a unique case in compliance. The government requires you to complete these forms promptly with employee input but does not require immediate verification. Instead, there is a presumption that employers will act in good faith. In the vein of trust but verifying, the government can ask a business to produce its forms I-9 for inspection at any time.

With time limits placed on how quickly you must retrieve and share those documents, how you store records is critical. According to the USCIS, what are the appropriate ways to store forms I-9? Here, we'll explore acceptable storage methods and related best practices.

What Are Acceptable Ways to Store Form I-9 Documents?

According to the USCIS, a business should plan to retain the completed version of an employee's I-9 and related documents. Related documents may include copies of identifying documents, corrected forms, or explanatory notes about the reasons for updates and corrections. The USCIS separates the storage guidelines into two categories: where you store the documents and the format in which you store them.

In the first category, the USCIS concurs on storing form I-9 on-site or in an off-site storage facility. Some companies have insufficient on-site space to maintain extensive paper records that do not require regular access. Therefore, they may use a warehouse or additional office location for storing such paperwork—either is an acceptable location—but what about the format?

Acceptable I-9 Storage Formats

The USCIS lists three formats that companies may use to store I-9s. You do not have to restrict yourself to one method; you may use any combination of storage methods you prefer. These options are:

• File the original paper I-9 document securely.
• Convert paper I9 verification documents to microfiche or microfilm.
• Store scanned copies or digital versions of the I-9 electronically.

Each of these methods comes with additional specific guidelines for employers. Here's what to know about each.

Paper I-9s

Keep all associated documentation for an employee's I-9 bundled together. Remember never to use corrective fluid to correct mistakes. You may keep paper copies of an employee's identifying or authorization documents in this file.

Microfilm

Though less common today, microfilm still provides a reliable long-term storage option for documents that may take up lots of space. You must choose high-quality film stock for imaging. The USCIS advises that this stock must be legible when reprinted or viewed by a reader. All microfilm records must index each microfilm reel’s contents in detail. During inspection audits, your company must supply the appropriate hardware for microfilm reading.

Digital I-9s

You must use an electronic system that satisfies the specific guidelines set forth by the USCIS for acceptable security. The system must have controls to prevent document alteration or tampering, including detailed logging capabilities. Any changes to the document should appear in such a log. Like microfilm, you must also have an index file to allow faster location of records. Scan quality must be high enough to achieve a high degree of legibility.

Should You Keep I-9 Records in an Employee's Personnel File?

When storing paper I-9s, you may wish to keep them associated with an individual’s employee records. According to the USCIS, it is acceptable to keep a form I-9 along with other personnel data. However, it is not a recommended practice. Retrieving and producing a paper I-9 for inspection may take longer when the document is in an employee’s record than a dedicated I-9 file. Leaving these documents in personnel records may also create a security risk based on who can access those files.

What You Can Do to Be Prepared for a Federal Audit

Several agencies can initiate an audit and inspection of your form I-9 records. This includes the Immigrant & Employee Rights Section, the Department of Homeland Security, or the Department of Labor. When a request arrives, you have three business days to make the records available.

With that in mind, review your existing procedures. How long does retrieving an I-9 from your current storage methods take? Periodically review your security and overall approach to storage. Remember, digital solutions are available—services to support companies needing a secure way to store forms I-9 electronically. Choose the storage method that best suits your space constraints, budget, and compliance needs.

Be sure to know the rules about record retention terms, too. You can securely destroy the related I-9 documents at the end of the term. Note that this is less feasible when storing documents on microfilm, which may necessitate additional planning.

Review Your Procedures and Policies on Storage Today

Whether you choose a traditional method such as microfilm or secure digital storage, the correct retention practices make a difference in form I-9 compliance. Proper storage makes it simple to conduct internal audits and respond to any federal government request for documentation.

Today, securely storing your I-9 documentation in an encrypted digital environment is easy and accessible. With support from an experienced team, you can achieve peace of mind and thorough compliance with your retention requirements. From creation and storage to the secure destruction of old forms, familiarize yourself with the best practices in this area. It can make a difference during an audit.