To calculate how long to keep an employee’s Form I-9 after employment is terminated, enter the following:
1. Date the employee began work for pay
A. Add 3 years to the date on line 1.
2. The date employment was terminated
B. Add 1 year to the date on line 2.
3. Which date is later; A or B?
C. Enter the later date.
The employer must retain Form I-9 until the date on Line C.
The employer is required to retain the page of the form on which the employer and the employee entered data. If copies of documents presented by your employees were made, they should be kept with the corresponding Form I-9.
You may also retain the instructions and Lists of Acceptable Documents pages. Forms I-9 may be stored on paper, microfilm, microfiche or electronically. Read additional details about retaining form I-9.
Retaining Form I-9