Do Employers Have to Keep Copies of I-9 Documents?

For most employers examining Form I-9 documents in person, keeping photocopies or scans is optional. However, certain E-Verify cases require document copies, and employers using the DHS-authorized alternative procedure for remote document examination must retain copies of the documents examined.

The practical question is not simply whether your company copies documents. It is whether your policy distinguishes mandatory copies from optional ones—and whether every hiring location follows that policy consistently.

Here is how to make that distinction and manage the records without creating unnecessary compliance or privacy risks.

When are I-9 document copies required?

Three common situations determine the answer.

1. Standard physical document examination

Under the standard Form I-9 process, an employer or its authorized representative physically examines acceptable original documents, subject to limited exceptions such as a certified copy of a birth certificate.

Federal I-9 rules generally do not require the employer to photocopy or scan those documents. An employer may choose to retain copies, but copying does not replace examining the documents or completing Form I-9 correctly.

A manager who uploads a driver's license and Social Security card but leaves Section 2 incomplete has not satisfied the employer's obligations.

2. E-Verify photo matching

E-Verify employers must retain copies when an employee presents one of these documents for Form I-9:

• A U.S. passport or passport card.
• A Permanent Resident Card, Form I-551.
• An Employment Authorization Document, Form I-766.

These documents are associated with E-Verify's photo-matching process. Required copies include the front and back of applicable cards; follow current E-Verify instructions for passport pages and other document-specific requirements.

E-Verify participation does not, by itself, mean every document presented by every employee must be copied. An employer using physical examination may still have a general no-copy policy, with exceptions for documents that E-Verify requires it to retain.

Consult the official E-Verify photo-matching guidance when documenting these exceptions.

3. DHS-authorized remote document examination

Qualified employers using the DHS alternative procedure must retain clear, legible copies of all documents presented under that procedure. If a document is two-sided, the employer must retain copies of both sides.

This is broader than E-Verify's photo-matching requirement. For example, an employee presenting a driver's license and an unrestricted Social Security card under the alternative procedure requires a different copying workflow than an employee presenting those documents for ordinary physical examination.

Copying alone does not make remote inspection compliant. The alternative procedure also has employer eligibility, live video interaction, Form I-9 annotation, and other requirements. Confirm current USCIS instructions before using it.

Can employers choose to copy every employee's documents?

Yes. Employers may adopt a policy of retaining copies of the documents employees present for Form I-9, even when copying is not otherwise mandatory.

If you choose this approach, apply it consistently to employees regardless of citizenship, immigration status, or national origin. Do not leave copying decisions to a manager's personal judgment about an employee or document.

A written policy should specify:

• Whether optional copies are retained during physical examination.
• Which copies are mandatory because of E-Verify or remote examination.
• Which document sides or pages must be captured.
• Where copies are stored and who may access them.
• How records are retained and securely destroyed.

Do not confuse copying documents with selecting them. Employees generally choose which acceptable documents to present from the Form I-9 Lists of Acceptable Documents. A copying policy does not authorize an employer to demand a passport, green card, or additional document.

What if different locations use different examination methods?

A high-volume employer might physically examine documents at a distribution center while using the authorized alternative procedure for eligible remote hires.

Those workflows can produce different copying requirements. The important distinction is that the difference comes from the applicable procedure—not an employee's background.

For example:

• On-site physical examination: Follow the company's general copying policy and any applicable E-Verify exceptions.
• Authorized remote examination: Retain all required document copies, including both sides of two-sided documents.
• Physical examination by an authorized representative: Apply the employer's copying policy and applicable mandatory requirements; using a representative does not itself create a separate remote-examination exception.

Put these rules into onboarding instructions rather than expecting each location to interpret them. A centralized Form I-9 and E-Verify process can help standardize collection and record handling across teams.

How long must employers retain I-9 document copies?

Copies made as part of the I-9 process must be retained with the Form I-9 or stored with the employee's records in a way that allows retrieval with the form for inspection.

Employers must retain Form I-9 throughout employment. After employment ends, the federal retention period is the later of:

• Three years after the employee's date of hire; or
• One year after employment ends.

Keep associated document copies for the required I-9 retention period. Do not delete a document image merely because the document has expired while the related I-9 remains subject to retention.

Likewise, a routine HR-system cleanup should not remove document attachments while leaving the form behind. For calculation examples, see our guide to I-9 retention after termination.

Suspend routine destruction when an applicable legal hold or government preservation requirement applies.

How should HR protect document copies?

I-9 document images can contain Social Security numbers, birth dates, photographs, and other sensitive information. Collecting them creates a records-security responsibility, not just an onboarding task.

Practical safeguards include:

• Restricting access to employees who need the records for their duties.
• Using controlled upload and storage systems rather than routine email attachments.
• Keeping copies reliably associated with the correct employee's I-9.
• Checking that images are legible and required sides or pages are present.
• Establishing a secure disposal process for records eligible for destruction.

Avoid leaving duplicate images in shared drives, local download folders, or managers' inboxes after transfer to the designated record system. Coordinate cleanup with IT so the official record remains intact.

What should employers do about inconsistent past practices?

Start by separating missing required copies from inconsistent optional copying. They are not necessarily the same compliance issue.

Identify the examination method, E-Verify requirements, and policy that applied to each affected record. Preserve existing records, document the issue, and obtain qualified guidance before requesting documents again or making broad retrospective changes.

Do not assume a missing optional photocopy means the employee needs reverification. Also, do not assume a retained photocopy cures an incomplete or inaccurate I-9.

The best forward-looking fix is a written policy, clear workflow exceptions, and periodic checks that the actual records match the policy. This article provides practical information, not legal advice; confirm current USCIS and E-Verify requirements when updating your procedures.

Need a more consistent I-9 document workflow? Contact Trak Services to discuss your verification and record-management process.