New Policy on Copying I-9 Documentation for Compliance

Employers must understand the new policy on copying I-9 documentation for compliance to manage legal risks, ensure consistency, and meet current federal mandates. U.S. Immigration and Customs Enforcement (ICE) has intensified workplace inspections, issuing thousands of audit notices to businesses nationwide. 

Federal law does not require copying for most employers, but it is mandatory for those enrolled in E-Verify who examine certain documents. At Monty & Ramirez, our experienced employment attorneys can provide comprehensive legal advice and assistance to help employers navigate these evolving requirements and avoid costly fines.

What Is the Current Policy on Copying I-9 Documentation for Compliance? 

The current policy on copying I-9 documentation depends primarily on your participation in E-Verify and the method of document examination used. For most employers, photocopying supporting documents is optional. However, if you choose to make copies, you must apply the same practice to all employees regardless of national origin or citizenship status to avoid anti-discrimination violations.

Any copies made must be retained with the corresponding Form I-9 for the same duration as the form itself. If you have copies on file, you must make them available to DHS, DOL, or DOJ officials during an inspection. If you participate in E-Verify, copying is mandatory in specific scenarios: 

• Alternative Procedure (Remote Verification): If you use the DHS alternative procedure to remotely examine documents, you must retain clear and legible copies (front and back) of all documents examined.
• Photo Matching: Even for in-person verification, E-Verify requires you to retain copies of specific documents if they trigger the photo matching process, such as a U.S. Passport, Permanent Resident Card, or Employment Authorization Document. 

If your company previously copied documents but decides to stop this practice, you must not shred or dispose of already-retained copies. Regulations require you to keep any copies already made for the duration of the required retention period. 

Contact An Attorney to Ensure Compliance with the New Policy on Copying I-9 Documentation  

Retaining copies can serve as a mitigating factor in reducing financial penalties for paperwork errors during an ICE audit. Conversely, copies can also provide ICE with evidence if an employer unknowingly accepted clearly fraudulent documents.

Now that you understand the new policy on copying I-9 documentation for compliance, the attorneys at Monty & Ramirez LLP can provide legal counsel to help businesses conduct proactive internal audits to identify and correct errors before an official inspection occurs. If your company receives a Notice of Inspection (NOI), our firm can manage all communications with authorities and develop defense strategies to mitigate civil or criminal liability. Contact us today for your case consultation.