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You might need to welcome your summer interns with Form I-9s

July 2021 employment law letter
Authors: 
Jacob M. Monty, Monty & Ramirez, LLP

The summer is upon us, and many interns are getting ready to start or have already started their temporary positions. As employers prepare their onboarding and summer program paperwork, they should consider whether the welcome packet should include a Form I-9.

Form I-9 refresher

According to the U.S Citizenship and Immigration Services (USCIS), a Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. When an employer hires an individual, she must complete the I-9. There are two sections that need to be completed. Section 1 must be completed by the employee, and section 2 must be completed by the employer.

Section 1 must be completed by the employee no later than the first day of employment (i.e., the first day of work in exchange for pay or other remuneration). Section 2 must be completed by the employer no later than 3 business days after the employee’s first day. The employer needs to physically examine acceptable documents of identity and employment authorization. It must examine only original documents and not photocopies and decide they reasonably appear to relate to the employee and be genuine.

Employers must retain an employee’s Form I-9 for as long as the individual works for the employer. Once her employment has terminated, the employer must determine how long after termination the Form I-9 must be retained. The length of retention after her employment has terminated is either 3 years after the date of hire, or 1 year after the date of termination, whichever is later.

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