Legal Question in Employment Law in Virginia
What do employment and immigration attorneys generally recommend about whether and to what extent an employer should keep in its files copies of the IDs, birth certificates, passports, drivers' licenses and other citizenship documentation provided by employees as proof of citizentship for employment purposes? Are there any privacy laws that prohibit an employer from keeping copies of those documents? Does keeping the citzenship documents in the employer's files increase or reduce the risks of an ICE or INS audit or inspection?
1 Answer from Attorneys
Full compliance with the I-9 process on the part of the employer
does not require that the employer retain copies of the documents presented
by the employee to verify his elgibility for employment in the United States.
Some employers, however, apparently do retain copies of whatever documents
are presented to the employer for this verification and which appear reasonably genuine on their face and to relate to the individual presenting them
However, the employer is required to retain a copy of the I-9 document itself for a period of three years from the date of the employee's hiring date or one year from the date of his termination, whichever is later in time.
It would be my opinion that keeping copies of these verification documents
has no effect one way or another on the chances of the employer having one of the audits referenced.
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