Q : When are employers required to photocopy employee documents?

Generally, employers may choose to keep copies of documents employees present when completing Form I-9. Employers should uniformly apply their decision to all documents presented by employees to avoid discrimination.

Employers who are enrolled in E-Verify are required by the terms of the E-Verify Memorandum of Understanding (MOU) to retain photocopies of employees’ EAD cards (Form I-766) and Permanent Resident Cards (Form I-551) with employees’ Forms I-9.

See the E-Verify Program for Employment Verification Memorandum of Understanding Article II.C.5.

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