Is it legal to make copies of the documents an employee presents with the Form I-9?

Although it is not illegal to copy the documents, Form I-9​ does not require that you make or retain a copy of any document presented. All that is required is that the employer certify that it saw the original documents and that they appeared genuine. While you may choose to keep copies, the potential for identity theft is a concern. If you choose to keep copies, keep them for all new hires or reverifications regardless of actual or perceived national origin or citizenship status, or you may be in violation of anti-discrimination laws.

Retain copies of the documents with the Form I-9.