How long must employers retain completed I-9 forms?

Employers must retain completed I-9 forms for three years after the date of hire or for one year after the employee's termination, whichever is longer. This retention policy is in place to ensure that employers maintain a record of their compliance with employment eligibility verification requirements mandated by federal law.

Keeping I-9 forms for this specified duration allows for verification of an employee's eligibility to work in the United States during inspections or audits by Immigration and Customs Enforcement (ICE) or other enforcement agencies. This practice provides a safeguard for both employers and employees, ensuring that employment practices align with legal standards.

The requirement to keep the forms for both three years and one year after termination acknowledges that employees may be subject to various circumstances during their tenure, and the information must be available for an adequate time frame to address any inquiries that may arise post-employment. This comprehensive retention period is essential for maintaining compliance and avoiding penalties related to incorrect record-keeping.