If an employer has a photocopying policy for Form I-9 documents, may it change this policy to stop photocopying?

Author: Melissa A. Silver, XpertHR Legal Editor

Yes. An employer may change its policy to stop photocopying documents provided by employees during the Form I-9 process to establish his or her identity and work authorization. If an employer changes its policy, it should memorialize its decision in its handbook. However, an employer must still photocopy any US Passport, Passport Card, Permanent Resident Card, i.e. green card (Form I-551), or Employment Authorization Document (Form I-766) presented if the employer uses E-Verify at the location where the employee works.