This template can help employers codify their policy on completing Forms I-9 and adhering to employment eligibility verification requirements. These practices are legally mandated and overseen by the U.S. Department of Homeland Security, but effectively integrating these practices into your HR processes can also strengthen hiring accuracy and workforce accountability.

Prompt: Customize this template according to your company’s policies and procedures for I-9 forms. Include whether you use electronic or paper I-9 forms; whether you verify acceptable documents in person, remotely, or a combination of both; and whether you make copies of I-9 documents inspected in person and retain them for your records. If your company is enrolled in E-Verify, this practice is required. Please make sure to adapt this template to fit the unique needs of your business and consult with legal counsel or a compliance expert to ensure full compliance with all applicable laws and regulations.

I-9 Employment Eligibility Verification Policy

Purpose:

The purpose of this policy is to establish and communicate [Company Name’s] consistent process for completing, maintaining, and storing Form I-9, Employment Eligibility Verification, in compliance with immigration regulations.

Scope:

This policy applies to all employees hired by [Company Name] regardless of business unit, location, or type of employment (full time, part time, or temporary).

Policy Statement:

Prompt: Customize the policy statement to include whether your organization uses E-Verify to verify employment eligibility, and if so, whether you use it for all or certain hiring sites.

[Company Name] is committed to complying with the Immigration Reform and Control Act of 1986. All employees hired after Nov. 6, 1986, must complete a Form I-9 to verify their identity and eligibility to work in the U.S.

Optional: [Company Name] uses E-Verify, U.S. Citizenship and Immigration Services’ online system for verifying employment eligibility, to verify [all/some] employees’ employment eligibility. [Insert language about which hiring sites utilize E-Verify.]

Procedure:

Prompt: Customize the below to include whether your organization uses paper or electronic I-9s and how it conducts verification of I-9 documents.

1. Completion of Form I-9

• All new employees of [Company Name] must complete Section 1 of Form I-9 [electronically/on paper] after accepting their offer of employment and no later than their first day of employment.
• Employees must present acceptable documentation [in person/via videoconference] to verify identity and employment eligibility within three business days of their start date.
• Optional: Employees hired at E-Verify hiring sites may verify identity and employment eligibility via videoconference, provided that they first send clear copies of acceptable documentation before the videoconference for [Company Name]’s review. If the document(s) presented are two-sided, then the employee must send copies of both sides of the document(s) prior to the videoconference and must present the same documents during the live video interaction.
•  HR or designated personnel [or authorized representative] will complete Section 2 of Form I-9 by reviewing and verifying the employee’s documentation within three business days of the employee’s start date.

2. Documentation

• Only original and unexpired documents from the lists of acceptable documents may be used for I-9 verification.
• Photocopies, faxes, or digital scans of identity or employment eligibility documents are not permissible for verification purposes.

3. Retention and Storage

Prompt: Customize this section to specify whether your company copies and retains copies of I-9 documents.

[Company Name] will retain completed I-9 forms for three years after the date of hire or one year after employment ends, whichever is later.

Optional: [Company Name] will/will not make and retain copies of I-9 documents (front and back sides) along with each employee’s I-9 form.

[Company Name] stores I-9 forms [and copies of documents, if applicable] separately from employee personnel files to ensure privacy and ease of access for audit purposes.

4. Reverification

Prompt: Customize this section to include any relevant information about how your organization will track expiration dates and notify employees that they must present documentation for reverification.

• Reverification of employment authorization is required when an employee's List A or List C document has an expiration date. The only exceptions are if the document provided was: 1) a valid I-551 Permanent Resident Card, 2) an expired I-551 Permanent Resident Card with Form I-797 receipt notice for a Form I-90, or 3) an expired I-551 Permanent Resident Card with Form I-797C receipt notice for a Form N-400 with language on the I-797C automatically extending the I-551 Permanent Resident Card.
• Employees must present valid documentation for reverification before their current authorization expires.
• [Company Name] will notify employees [30 days or insert number] in advance of an authorization expiration date that their documentation will need to be reverified.
• HR will complete Supplement B (formerly Section 3) of Form I-9 for reverification purposes.

5. Training

• All HR personnel and designated staff involved in the I-9 process will receive training on I-9 compliance and verification procedures.
• Optional: Authorized representatives will receive guidance on [Company Name]’s expectations for completing the employment eligibility verification process.
• Training will be reviewed and updated annually or as regulations change.

6. Audits and Compliance

Prompt: Include your company policy for what happens if an employee’s I-9 is found to be in violation below.

• [Company Name]’s HR personnel will conduct routine internal audits of I-9 documentation to ensure compliance.
• Optional: Employees whose I-9 forms or documents are found to be in violation will be placed on administrative/unpaid [or paid] leave until the situation can be remedied. During this time, the employee may not work.
• Noncompliance or violations may result in disciplinary action, up to and including termination of employment.

Roles and Responsibilities:

• HR department: Responsible for the implementation, monitoring, and compliance of this policy.
• Managers and supervisors: Ensure that all employees complete the Form I-9 in a timely manner.
• Employees: Provide necessary documentation and complete all required sections of the Form I-9.

Effective Date:

[Insert Date]

Policy Review:

This policy will be reviewed annually and updated as needed to comply with current regulations.

Contact Information:

For questions or clarification about this policy, please contact [HR Contact Name] at [Contact Information].