Guide to Global Payroll Management - 2020 - 9-3

Employment Verification and Nondiscrimination Requirements
Step 4: Keep completed I-9 forms for at least three years after the date of hire or one
year after the date of termination, whichever is later. The I-9 forms may be stored either in
their original form or electronically (see page 9-15).
Step 5: Be prepared for an inspection. The I-9 forms must be presented on request to
an inspector from USCIS, ICE or the Department of Labor (DOL). If the forms are provided
in an electronic format, they must be clear and readable, and viewing and printing equipment must be made available to the inspector. Employers will be given at least three business days advance notice before an inspection.
RECORDKEEPING TIP Employers should keep the I-9 forms and related
documents separate from their payroll and personnel files for two reasons: (1)
this makes it easier to provide the required records during an inspection, and
(2) immigration documents may contain information about employees (e.g.,
age, marital status, national origin) that cannot be kept in their personnel files
under federal and state employment discrimination laws.

Documents proving identity and/or work authorization
All newly hired employees must show proof of their identity and right to work in the U.S.
by presenting one or a combination of documents listed on Form I-9 (one from List A, or
one each from List B and List C).2
Documentation changes. Over the years, several changes have been made to the lists
of documents, with the most recent being implemented when the Form I-9 was revised in
July 2017. At that time, the Consular Report of Birth Abroad, Form FS-240, was added to
List C as a document proving work authorization.
Automatic employment authorization extensions3. Effective January 17, 2017, the
employment authorization and validity of Form I-766, Employment Authorization Document
(EAD), are automatically extended for certain individuals who apply on time to renew their
EAD in the same employment eligibility category. An employee may provide an expired
EAD in combination with Form I-797C, Notice of Action, as a List A document for Form
I-9. Newly hired employees completing Forms I-9 may choose to present their employers with this document combination to show both identity and employment authorization.
For reverifications, when the expiration date on the face of an EAD previously used for the
Form I-9 is reached, a renewal applicant whose EAD has been automatically extended and
who is continuing in his or her employment with the same employer should, along with the
employer, update the previously completed Form I-9 to reflect the extended expiration date.
The need for reverification of employment authorization is not triggered until the expiration
of the additional period of validity granted through the automatic extension.
2.
3.

IRCA Reg. 8 CFR §274a.2; Form I-9.
IRCA Reg. 8 CFR §274a.2(b)(1)(vii); §274a.13(d).

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