If a current employee’s Form I-9 is missing, how should the employer correct the problem?

While employers may make copies of employees’ I-9 documentation, it’s not required by federal law. However, employers that do choose to copy documents must do so consistently for all employees, without regard to citizenship or national origin. For instance, making copies of documents only for non-citizens could be seen as evidence of discrimination.

Making copies of the documents presented does not excuse employers from filling out Section 2 of the form. Copying I-9 documentation can also come with additional risk for employers. Copied documentation must be preserved with I-9s, which means that it would also be available to government officials for inspection if the company was subject to an audit. These officials would then have the opportunity to review the copies of the documentation, and they could uncover transcription errors or signs that the employer should have noticed to indicate that the documentation did not appear to be valid. In these ways, copying documentation may expose the employer to compliance fines that they wouldn’t otherwise be exposed to if they hadn’t copied documentation.