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Employer Immigration-Related Records |
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by Mira Mdivani
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Friday, 20 June 2008 |
Every employer should keep its immigration-compliance records in good order.
These include, at a minimum:
1. Current I-9s
2. Terminated I-9s
3. Contractor Immigration Compliance Certifications
4. Immigration Compliance Plan, Policy and Procedures
5. I-9 Audit Records
6. Visa-Specific Records, if applicable
This is how employer immigration-related records should be kept:
1. Current I-9s
Hard Copies I-9s should be kept in alphabetical order in CURRENT I-9s binders, separate from Employee Personnel Files. Copies of supporting documents and E-Verify printouts for those hired after the employer registers for E-Verify should follow each I-9. For workers with expiring work visas and work authorizations, 120-day and the date-of expiration reminders should be entered into the Employment Authorization Re-Verification Table and in I-9 Administrator's Outlook.
Electronic Copies We also always recommend that electronic copies of I-9s are kept. In fact, as long as the procedures for electronic records keeping meet requirements outlined in M-274, electronic copies may completely replace hard copies of I-9s. Training and extensive training materials on this are available
2. Terminated I-9s
Once the worker is terminated, the I-9 Adminsitrator should calculate the Date of Timely Destruction, which is three (3) years from date of hire or 1 year from date of termination, whichever is later. The I-9 should be transferred into Terminated I-9 Binder(s) and/or computer file. I-9 should be destroyed and the destruction properly recorded as prompted by the Destruction Table.
3. Contractor Immigration Compliance Certifications
There are two ways to keep track of Contractor Immigration Compliance Certifications. One way is for each certification to be kept as an exhibit to the contract, and that in my opinion is the preferable way if you have many contractors. Another way is to keep copies in a separate binder or computer folder, in alphabetical order.
4. Immigration Compliance Plan, Policy and Procedures
These should be kept at the central office both in hard and electronic copy, with copies available to I-9 Administrators at the local offices or through electronic access. The Compliance Plan, Policy and Procedures should be updated at least once a year and where there are significant changes in the law.
5. I-9 Audit Records
These should be kept in hard copy or electronic copy.
6. Visa-Specific Records
Special rules apply if the employer is sponsoring work visas or employment-based green cards.
H-1Bs: Public Access Files should be kept for each H-1B employee
Labor Certifications: Proof of Recruitment and copy of the application should be kept for each employee for at least 5 years.
Questions - call Mira Mdivani 913.317.6200
Recommended Training:
I-9 and E-Verify Basic Training
How to Use ICE Best Practices to Establish Employer Immigration Compliance Plan, Policies and Procedures
Work Visas and Work Permits: The Employer’s Role in Documents and/or Obtaining Work Eligibility for Workers
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