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Should you copy and retain employees’ I-9 supporting documents?

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in Employment Background Check,Human Resources

HR and hiring managers have so many decisions to make when it comes to I-9 and E-Verify compliance, including who do I call if Immigration and Customs Enforcement (ICE) suddenly knocks at our door and asks to see all of our I-9s (and how loudly should I scream)?

One of the most frequently asked policy decisions, though, is actually quite mundane on its surface: Should we retain a copy of the “supporting documents” presented by the employee (e.g., driver’s license and Social Security card)? And if so, will this save us from fines and penalties in the event of an I-9 audit?

As with so many things in I-9 compliance, it depends. Consider this tantalizing tale of I-9 misfortune and redemption in the case of U.S. v. Foothill Packing. This California-based company managed to reduce its I-9 fines by over 80% based on its diligent practice of copying supporting I-9 documents (and some fine lawyering work too).

Case study: The Foothil...(register to read more)

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