HR Advisory – I-9 audits

As many of you are aware, ICE enforcement has indicated they will be increasing their efforts, particularly in Northern California.

Effective January 1, 2018, The Immigrant Worker Protection Act (AB 450) provides California workers with protection from immigration enforcement while on the job.

Although I-9 compliance is just one piece of this discussion, Owen-Dunn would like to remind employers:

  • To maintain original I-9 forms for current employees and retain I-9 forms for former employees for three years after the date of hire, or one year after the date employment ends, whichever is later.
  • I-9 forms should be stored separately from other personnel files.
  • A “diary” system should be in place to re-verify all employees who present work authorization that bears an expiration date and to accurately dispose of old forms.
  • One recommended way of keeping I-9 documents separate is to use three separate notebook binders designated for:
    • Current employees for whom re-verification will not be necessary
    • Employees requiring re-verification
    • Terminated employees

Download I-9 Retention Worksheet

Download Guidance for Employers Conducting Internal I-9 Audits 

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