How long to keep I-9 forms is one of the most frequently misunderstood areas of employment eligibility compliance. Many employers either discard forms too early or keep them far longer than required—both of which can create unnecessary risk.
Federal regulations require employers to retain Form I-9 for a specific period based on hire date and termination date, not indefinitely. Understanding this rule is essential for audit readiness and defensible recordkeeping.
Employers must retain a completed Form I-9 for each employee hired to work in the United States. Retention requirements apply regardless of whether the employee is a U.S. citizen or noncitizen.
The retention rule is set by federal regulation and enforced by U.S. Citizenship and Immigration Services and Immigration and Customs Enforcement during inspections.
The I-9 retention rule is often summarized as:
Keep Form I-9 for three years after the date of hire, or one year after the date employment ends—whichever is later.
This is not an either/or choice. Employers must calculate both timeframes and retain the form until the later date.
For employees who are still employed:
Example:
For terminated employees, employers must calculate two dates:
1. Three years from the hire date
2. One year from the termination date
The later of the two determines how long the I-9 must be kept.
Example:
Retention requirement: keep the I-9 until January 1, 2025.
Employers may destroy an I-9 only after the retention period has fully passed. Destroying forms too early can result in penalties if the employer is later audited and cannot produce required records.
Best practice is to:
If an employee is rehired within three years of the original I-9:
If the original I-9 is no longer retained, a new form must be completed.
Even employees who work for only a few days require Form I-9 completion and retention. Short tenure does not shorten the retention period.
In mergers or acquisitions, the acquiring employer may inherit I-9 records and associated retention obligations. Retention calculations should be reviewed during due diligence.
Employers may retain I-9s in paper or electronic format, as long as:
Retention rules apply equally to both formats.
Failure to retain I-9s properly can result in:
Keeping forms longer than required can also increase exposure by expanding the universe of records subject to inspection.
Related: Current I-9 Penalties.
Employers can reduce risk by:
Strong retention practices demonstrate good-faith compliance during inspections.
Knowing how long to keep I-9 forms is only part of the compliance equation. Employers also need a reliable way to track retention deadlines, apply destruction rules consistently, and produce records quickly during an inspection. Missed discard dates, incomplete records, or over-retention can all increase audit exposure. If your organization is managing I-9s across multiple locations, employee types, or storage formats, a standardized approach matters.
i9 Intelligence helps employers centralize I-9 record retention, automate retention calculations, and support I-9 self-audits with audit-ready documentation. Schedule a compliance call to see how a structured retention workflow can reduce risk before an ICE audit or internal review.
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