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Book outline for Handbook for Employers M-274
  • Handbook for Employers M-274
    • 1.0 Why Employers Must Verify Employment Authorization and Identity of New Employees
    • 2.0 Who Must Complete Form I-9
    • 3.0 Completing Section 1 of Form I-9
    • 4.0 Completing Section 2 of Form I-9
    • 5.0 Completing Section 3 of Form I-9
    • 6.0 Evidence of Status for Certain Categories
    • 7.0 Rules for Continuing Employment and Other Special Rules
    • 8.0 Correcting Errors or Missing Information on Form I-9
    • 9.0 Retaining Form I-9
      • 9.1 Form I-9 and Storage Systems
      • 9.2 Retaining Copies of Form I-9 Documents
      • 9.3 Inspection
    • 10.0 Unlawful Discrimination and Penalties for Prohibited Practices
    • 11.0 Instructions for Agricultural Recruiters and Referrers for a Fee
    • 12.0 Acceptable Documents for Verifying Employment Authorization and Identity
    • 13.0 Some Questions You May Have About Form I-9
    • Summary of Changes
    • Table of Contents
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  2. Handbook for Employers M-274

9.2 Retaining Copies of Form I-9 Documents

If you choose to copy or scan documents an employee presents when completing Form I-9, you must retain the copies with their Form I-9 or their employee record. If you are enrolled in E-Verify, you must copy the following List A documents used as part of photo matching:

  • U.S. passport;
  • U.S. passport card;
  • Form I-551, Permanent Resident Card; and
  • Form I-766, Employment Authorization Document (EAD).

Making photocopies of an employee’s documents does not take the place of completing Form I-9. Even if you retain copies of documents, you are still required to fully complete and retain Form I-9. If you do not participate in E-Verify, you are not required to make photocopies of documents. If you choose to retain copies of an employee’s documents for reasons unrelated to E-Verify requirements, you must do so for all employees, regardless of actual or perceived national origin or citizenship status, or you may violate anti-discrimination laws.

Copies or electronic images of 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 274a.2(b)(3).

If you make copies or electronic images of the employee’s documents, you must retain them with the corresponding Form I-9 or with the employee’s records according to the electronic records retention standards specified in 8 CFR 274a.2(b)(3). However, if you make copies or electronic images of the employee’s documents, you must make them available at the time of a Form I-9 inspection by DHS or another federal government agency.

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Last Reviewed/Updated: 04/27/2020
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