documents for the I-9 form
two separate and unrelated photocopy
issues in the employment eligibility
verification process. First is whether an
employer may accept photocopies of
identity or employment eligibility
documents to fulfill I-9 requirements. The
answer is that only original documents
(not necessarily the first document of its
kind ever issued to the employee, but an
actual document issued by the issuing
authority) are satisfactory, with the
single exception of a certified photocopy
of a birth certificate.
whether the employer may or must attach
photocopies of documentation submitted to
satisfy Form I-9 requirements to the
employee’s Form I-9. The answer is that
this is permissible, but not required.
Where this practice is undertaken by an
employer, it must be consistently applied
to every employee, without regard to
citizenship or national origin.
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