Am I required to keep I-9 forms for three years or one year?

There is a lot of confusion surrounding the requirements of I-9s. You must retain the I-9s as long as the individual works for you. Once the individual quits/is terminated, an employer is required to keep I-9s for the latter of three years from the hire date or one year after termination.

For example, if an employee works for one year and quits/is terminated, the employer will be required to keep his/her I-9 for another two years — three years from the hire date. If the employee has worked for several (for e​xample, 10) years and quits/is terminated, the employer must keep his/her I-9 for one more year.

Make Copies

Many employers choose to make copies of the documents that employees present as proof of their identity and work eligibility and attach them to the I-9.

Many calls come to the Helpline asking if this is illegal - it is not. However, you must review the original, actual documents when completing the I-9. If copies of employee documentation are made, those copies are also retained. Attaching copies is proof that you reviewed the documents and that they appeared to be genuine.

Storage

I-9s should not be kept in the employee’s personnel file, for they can contain private information and information regarding race and national origin, which are protected categories.

It is permissible, however, to keep all I-9s together in a separate, safe and secure location. It is not necessary to have a separate file for each employee. One recommendation is to have a binder for current employees​ and a separate binder for ex-employees. Employers should ensure that information employees provide on the I-9 is used only for I-9 purposes.

It also is advisable to set up a system that will remind you when the documents expire so that you can reverify employment eligiblity. When this occurs, the employee can provide other documents.

Employers sustain penalties for knowingly hiring or retaining an unauthorized worker or failing to even complete the I-9. A consistent practice utilizing the guidelines noted above can help avoid any claim for penalties.

You can find more information in the I-9 Form: Verifying Eligibili​ty section of the HR Library.​​