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Retaining Form I-9

Employers must have a completed Form I-9, Employment Eligibility Verification, on file for each person on their payroll who is required to complete the form. The employer must also keep the form for a certain amount of time after the employee leaves.

Once the employee no longer works for the company, the employer must determine how much longer to keep the employee’s Form I-9. 

Retaining Form I-9

To calculate how long to keep an employee’s Form I-9, enter the following:

1.  Date the employee began work for pay 1. ________________________
      A.  Add three years to the date on line 1.      A. ______________________
2.  The date employment was terminated 2.  _______________________
     B.  Add one year to the date on line 2.       B.  _____________________
3.  Which date is later; A or B? 3.  _______________________
      C.  Enter the later date.      C. _____________________

 Employers must retain Form I-9 until the date on Line C.

Employers are required to retain the page of the form on which the employer and the employee enter data. If copies of documents presented by employees are made, those too should be kept with the I-9 forms. Employers may store the instructions and Lists of Acceptable Documents page as well. The I-9 forms may be stored on paper, microfilm, microfiche or electronically.



Last updated: 04/27/2011