A written I-9 compliance policy should cover the following points:
- who is in charge of immigration compliance;
- training requirements, including how often, for those HR and other personnel who are in charge of completing the Forms I-9;
- a zero tolerance policy for the employment of individuals who cannot comply with IRCA’s employment verification rules;
- will the company retain supporting documents for the I-9 forms;
- will the company utilize an Electronic I-9 system;
- specify the retention policy – former employees’ I-9s must be maintained for the longer of 3 years from date of hire, or 1 year after employee’s employment ends;
- where will the I-9 forms be maintained;1
- I-9 should be kept in two files, active employees and former employees;2
- will the company use E-Verify;
- is E-Verify required under state law or federal law (FAR E-Verify);
- how will the company handle remote hires;
- what type of “tickler system” will be set up to remind employees who need to re-verify their work authorization;
- rules for compliance by outside contractors; and
- determine what kind of questions can be asked about national origin and citizenship status before a job offer.
1 The I-9 forms should be centrally maintained at the company’s main office or by location.
2 The I-9 forms and documentation should not be kept in the personnel files.