If you choose to retain copies of an employee’s documents for reasons unrelated to E-Verify requirements, you must do so for all employees, regardless of actual or perceived national origin or citizenship status, or you may violate anti-discrimination laws.Ĭopies or electronic images of documents must be retrievable consistent with DHS’s standards on electronic retention, documentation, security, and electronic signatures for employers and employees, as specified in 8 CFR 274a.2(b)(3). If you do not participate in E-Verify, you are not required to make photocopies of documents. Even if you retain copies of documents, you are still required to fully complete and retain Form I-9. Making photocopies of an employee’s documents does not take the place of completing Form I-9. If you are enrolled in E-Verify, you must copy the following List A documents used as part of photo matching:įorm I-766, Employment Authorization Document (EAD). Rahl with questions about this or other deposit account topics.If you choose to copy or scan documents an employee presents when completing Form I-9, you must retain the copies with their Form I-9 or their employee record. It is also important to point out that because federal customer ID requirements only permit retaining copies of customer ID cards but do not require financial institutions to do so, financial institutions should review their online account opening procedures to verify that state ID cards are being destroyed within a reasonable period after an online account or product or service request has been completed. Practice Point : The law does not specify how quickly a financial institution must delete state ID card images and copies. The law preempts any state law that conflicts with the above federal provisions. The law further provides that upon copying and storing a state ID card for the permitted account opening or related product or service request, a financial institution must permanently delete any image of the ID card and any copies of the image. Comply with legal requirements related to opening an account or obtaining a financial product or service, such as the requirements of the federal Bank Secrecy Act.Verify the identity of the individual and.Verify the authenticity of the identification card.Under the law, financial institutions may use the information obtained from copying and storing a state ID card to: The law (titled, “Making online banking initiation legal and easy”) permits a financial institution to copy and temporarily store an individual’s state ID card in an electronic format only for certain purposes. The statute, part of the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018, applies to situations involving online requests by an individual to open an account or obtain any other financial product or service from a federally insured financial institution. Is Your Institution Handling Driver’s License Copies Correctly?Ī little-known federal law imposes restrictions on federally insured financial institutions in connection with copying and retaining copies of state-issued driver’s licenses and similar identification cards when accounts, products or services are requested through online applications.
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