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Letting folks take photocopies of your ID/GC/SSN

Letting folks take photocopies of your ID/GC/SSN

Old Feb 15th 2010, 1:27 am
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Default Letting folks take photocopies of your ID/GC/SSN

I searched but didn't find many threads dealing with this.

I didn't want to make a beef with my new employer about ID, so when we were going through the I-9 stuff I let the HR person (who isn't a real HR person, she's a 'defacto' HR individual who performs other company functions also) photocopy my DL, SS card and GC.

I am interested in what other expats here think about who one should or should not allow to take copies of these documents, or indeed if any such copying is either technically or materially illegal in certain circumstances.
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Old Feb 15th 2010, 1:33 am
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Originally Posted by BritishGuy36
I searched but didn't find many threads dealing with this.

I didn't want to make a beef with my new employer about ID, so when we were going through the I-9 stuff I let the HR person (who isn't a real HR person, she's a 'defacto' HR individual who performs other company functions also) photocopy my DL, SS card and GC.

I am interested in what other expats here think about who one should or should not allow to take copies of these documents, or indeed if any such copying is either technically or materially illegal in certain circumstances.
This is a toughie: I hate letting people take copies, but you have to balance it against the gain. Your employer is entitled to demand that you prove you are eligible to be employed, so they need to see the GC. Also, if they are audited, they need to be able to prove they have done so, and taking a copy for their records is the best way to do that.

Driving license and SS card are pretty small beer after the GC, as far as I am concerned.

What you CAN do is demand that they supply you with their policies for securing your confidential data, and also retention policies for the records. If they can't provide that, you can ask them how they propose to keep your data secure.
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Old Feb 15th 2010, 1:39 am
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Originally Posted by BritishGuy36
I searched but didn't find many threads dealing with this.

I didn't want to make a beef with my new employer about ID, so when we were going through the I-9 stuff I let the HR person (who isn't a real HR person, she's a 'defacto' HR individual who performs other company functions also) photocopy my DL, SS card and GC.

I am interested in what other expats here think about who one should or should not allow to take copies of these documents, or indeed if any such copying is either technically or materially illegal in certain circumstances.
She either has to photocopy everyone's or nobody's. Anything else is going to open her up to discrimination charges.

Dunno why you gave her 3 to play with -- the DL and SS card should have been sufficient for I9 requirements.
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Old Feb 15th 2010, 1:45 am
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Handbook For Employers

24. Q. When I review an employee’s identity and employment authorization documents, should I make copies of them?

A. If you participate in E-Verify and the employee presents a document used as part of the Photo Screening Tool (currently the Permanent Resident Card (Form I-551) and the Employment Authorization Document (Form I-766)), you must retain a photocopy of the document he or she presents.
(my bold--m)

If you do not participate in E-Verify, you are not required to make photocopies of documents. However, if you wish to make photocopies of documents other than those used in E-Verify, you should do so for all employees, and you should retain each photocopy with Form I-9. Photocopies must not be used for any other purpose. Photocopying documents does not relieve you of your obligation to fully complete Section 2 of Form I-9, nor is it an acceptable substitute for proper completion of Form I-9 in general.


Rats, I was hoping the answer was 'no you may NOT'.

Hopefully the company is large enough that they have a sensible storage procedure in place. You could ask them.
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Old Feb 15th 2010, 2:06 am
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Taking a copy is law for I-9 and (if they use it) e-verifiy, she was just doing her job.
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Old Feb 15th 2010, 2:40 am
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Originally Posted by emailrob
Taking a copy is law for I-9 and (if they use it) e-verifiy, she was just doing her job.
I don't believe a photocopy is required unless the employer uses E-verify.
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Old Feb 15th 2010, 3:52 pm
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Originally Posted by meauxna
I don't believe a photocopy is required unless the employer uses E-verify.
Yes but it would be down to policy. If they take photocopies for I-9 and are not part of e-verify, that's fine as long as for all new hires as you mentioned. The OP probably doesn't know if they are part of everify anyway as its pretty invisible unless the SSA throws up an issue
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Old Feb 15th 2010, 4:14 pm
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Default Re: Letting folks take photocopies of your ID/GC/SSN

The last two company changes I made with my attorney to different firms, the HR department took a copy of my US Passport but not my social security card.
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Old Feb 15th 2010, 4:50 pm
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Coincidentally (I trust) I've just got back to my office from a trip to our HR department. According to them they are having to revalidate every non USC in the "Homeland Security system" as they called it, and e-Verify was up on the screen when I got there. They took a copy of my Green Card and entered the details to check it was me.
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Old Feb 15th 2010, 5:17 pm
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Default Re: Letting folks take photocopies of your ID/GC/SSN

I perform HR duties here at our branch office in Phoenix. Corporate is in Pasadena, Calif. When we have a new hire, I complete the I-9, make a photocopy of the documents they presented, plus a copy of their SS card. I scan and email this info to Corporate, and then I UPS the original I-9 + photocopies to them for their records.

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Old Feb 15th 2010, 6:08 pm
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Originally Posted by celticgrid
Coincidentally (I trust) I've just got back to my office from a trip to our HR department. According to them they are having to revalidate every non USC in the "Homeland Security system" as they called it, and e-Verify was up on the screen when I got there. They took a copy of my Green Card and entered the details to check it was me.
But how do they know who is a USC and who isn't (as opposed to who claimed US citizenship on their application and who didn't)?

Are they "revalidating" every employee? Or just those who look or sound a bit foreign?
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Old Feb 15th 2010, 6:31 pm
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Originally Posted by chartreuse
But how do they know who is a USC and who isn't (as opposed to who claimed US citizenship on their application and who didn't)?

Are they "revalidating" every employee? Or just those who look or sound a bit foreign?
I'm hoping he just mis-typed.. I-9 applies to every worker regardless of citizenship.

I'm a little troubled by 'revalidating' since it's not supposed to be allowed, but it might be a condition of the employer starting up E-verify, which could be the loophole for reviewing *everyone's* documents (not just non citizens').
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Old Feb 15th 2010, 6:42 pm
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Originally Posted by meauxna
I'm hoping he just mis-typed.. I-9 applies to every worker regardless of citizenship.

I'm a little troubled by 'revalidating' since it's not supposed to be allowed, but it might be a condition of the employer starting up E-verify, which could be the loophole for reviewing *everyone's* documents (not just non citizens').
Can you not revalidate if someone has signed up with an expiring document (EAD, GC, etc)?
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Old Feb 15th 2010, 7:00 pm
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Originally Posted by celticgrid
According to them they are having to revalidate every non USC in the "Homeland Security system" as they called it, and e-Verify was up on the screen when I got there. They took a copy of my Green Card and entered the details to check it was me.
Sounds to me as if they're a lawsuit or, worse still, an EEOC investigation waiting to happen. You verify everybody or nobody if you want to avoid it..

You rarely get less sense than an HR department. The rejects are destined to a life at DMV.
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Old Feb 15th 2010, 7:07 pm
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Default Re: Letting folks take photocopies of your ID/GC/SSN

Originally Posted by nettlebed
Can you not revalidate if someone has signed up with an expiring document (EAD, GC, etc)?
Expiring work auth doc (EAD, I-20 etc) yes, Green Card, no.

"you may need to reverify the employee’s authorization to work when certain List A or List C documents expire."
(my bold)
http://www.uscis.gov/files/nativedocuments/m-274.pdf

Reverifying Employment Authorization for Current Employees
When an employee’s employment authorization expires, you must reverify his or her employment authorization. <snip>
The employee must present a document that shows either an extension of his or her initial employment authorization or new employment authorization. If the employee cannot provide you with proof of current employment authorization (e.g., any document from List A or List C, including an unrestricted Social Security card), you cannot continue to employ that person.

NOTE: Do not reverify an expired U.S. passport or passport card, an Alien Registration Receipt Card/Permanent Resident Card, or a List B document that has expired.
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