How Long to Keep I-9 After Termination

When your business hires a worker, you must have a Form I-9 on file for them proving they can legally work in the United States. Immigration and Customs Enforcement (ICE) and the Department of Labor sometimes audit to ensure I-9 compliance, including record retention. The experienced business immigration attorneys at Monty & Ramirez can ensure your human resources staff know how long to keep an I-9 after termination.

I-9 Retention Rules

The rules regarding I-9 retention are outlined in Title 8 Code of Federal Regulations § 274a.2(f)(2). You must keep the I-9 on file for the worker’s entire time with your company. The law also requires you to retain I-9s for three years after the date of hire, or one year after the worker leaves your employment, whichever is longer.

Federal law requires employers to keep each employee’s Form I-9 for the later of:

• 3 years from the date of hire, or
• 1 year after the date employment ends.

I-9 Record Keeping Options

You can keep paper copies of the I-9s, but scanned electronic copies are also acceptable. Be careful to ensure electronic copies are clear and legible.

You only need to keep the pages with Sections 1 and 2 and any completed Supplements. You do not need to retain instructions or blank Supplements. You can store paper files off-site as long as you can access them quickly if you get a Notice of Inspection.

What Is the Best Way to Dispose of I-9s?

When the retention period ends, you must dispose of the I-9s safely. Secure shredding is preferred for destroying paper records as it protects employee privacy and prevents identity theft.

If you store the I-9s electronically, the preferred method of destruction depends on the storage media you use. Do not simply delete an I-9, because the document and its data remain recoverable. Use a method that will permanently render the document unreadable to protect the information it contains.

Talk to an Attorney About I-9 Retention After Termination

Improper handling of I-9s, including failure to keep them for the required period, can lead to fines and other enforcement actions. The lawyers at Monty & Ramirez can train your staff on how long to keep I-9s after employee termination and other critical compliance issues. I-9 compliance is essential to safeguard your business. Contact our team today for help.