How Long Will My Employer Keep My Form I-9?
Under federal law, employers are required to retain the Form I-9 for a specific period to comply with employment eligibility verification regulations. This retention period helps ensure proper record-keeping and adherence to legal standards during audits or inspections.
What Are the Retention Requirements for Form I-9?
Employers must retain the Form I-9 for one of the following timeframes, whichever is later:
Three Years After the Date of Hire:
This applies if the employee remains actively employed with the company.One Year After Employment Ends:
If the employee leaves the company, the employer must keep the Form I-9 for at least one year after their termination date.
For example:
If an employee works for two years and then leaves, the employer must retain the Form I-9 for three years from the date of hire.
If the employee works for five years and then leaves, the employer must retain the Form I-9 for six years (five years of employment plus one additional year after departure).
Why Do Employers Keep Form I-9?
Retaining the Form I-9 is crucial for the following reasons:
Compliance with Federal Law:
The Immigration Reform and Control Act (IRCA) requires employers to verify the identity and work authorization of all employees and maintain these records.Audits and Inspections:
U.S. Immigration and Customs Enforcement (ICE) or other federal agencies may request Form I-9 records during an audit or inspection. Employers must produce these records promptly to demonstrate compliance.Legal Protection:
Proper retention helps employers avoid penalties or fines associated with incomplete or missing records during regulatory reviews.
How Do Employers Store Form I-9?
Employers may store Form I-9 in either physical or electronic formats, as long as they ensure secure access and proper organization.
Physical Storage:
Forms are typically kept in a secure, locked file cabinet, separate from other personnel files.Electronic Storage:
Digital records must be stored in a secure system with controlled access, ensuring data integrity and confidentiality.
What Happens After the Retention Period?
Once the retention period has passed, employers may safely dispose of Form I-9 records. It’s essential that any disposal method—such as shredding physical forms or securely deleting electronic records—prevents unauthorized access to sensitive employee information.
Key Points for Employees
Employers are legally obligated to retain Form I-9 for the specified period to meet compliance requirements.
Your Form I-9 contains sensitive information, so it’s stored securely by your employer.
If you have concerns about how your Form I-9 is handled, feel free to ask your employer about their storage and retention practices.
FAQs
1. Can I request a copy of my Form I-9 from my employer?
Yes, you can request a copy of your Form I-9 for your records, but the employer is not legally required to provide one unless requested as part of a legal or audit process.
2. What happens if my employer fails to retain my Form I-9?
Failure to retain Form I-9 can lead to fines, penalties, or other consequences during a federal audit or inspection.
3. Does the retention rule apply to remote employees?
Yes, the retention requirements apply to all employees, regardless of whether they work on-site or remotely.
Key Takeaways
Employers must retain Form I-9 for three years after hire or one year after termination, whichever is later.
Proper retention ensures compliance with federal regulations and protects employers during audits.
Employers are responsible for securely storing and disposing of Form I-9 records after the retention period ends.
By understanding Form I-9 retention rules, you can feel confident about how your employment records are managed in compliance with U.S. labor laws.