10.5 Retaining Copies of Form I-9 Documentation

You may choose to copy or scan documents an employee presents when completing Form I-9, which you may retain with their Form I-9. Making photocopies of an employee’s document(s) does not take the place of completing Form I-9. Even if you retain copies of documentation, you are still required to fully complete and retain Form I-9. If you choose to retain copies of an employee’s documents, you must do so for all employees, regardless of actual or perceived national origin or citizenship status, or you may be in violation of anti- discrimination laws.

Copies or electronic images of presented documents must be retrievable consistent with DHS’s standards on electronic retention, documentation, security, and electronic signatures for employers and employees, as specified in 8 CFR Part 274a.2(b)(3).

If you make copies or electronic images of the employee’s documents, they must be either retained with the corresponding Form I-9 or stored with the employee’s records in accordance with the standards for electronic records retention as specified in 8 CFR 274a.2(b)(3). However, if copies or electronic images of the employee’s documents are made, they must be made available at the time of a Form I-9 inspection by DHS or another federal government agency.


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