Maintaining Files
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How do I store Form I-9?
Employers need to save the completed Form I-9 for each of their employees. The forms can be stored either on- or off-site, depending on what is more convenient to the business. However, the forms need to be accessible within three (3) days of the employer receiving a Notice of Inspection (NOI). A Notice of Inspection is a request to inspect the forms. Any copies of identification documents such as passports should be kept with the Form I-9 or with the employee’s records. All forms need to be dated and signed. The information on Form I-9 is private and must be kept in a safe location. Employers are responsible for ensuring that only authorized persons have access to the forms.
Do I need to keep Form I-9 documentation for former employees?
The Form I-9 should be kept on file even after an employee has left the company, but the files do not need to be maintained indefinitely. The Form I-9 must be kept for either three (3) years after the employee’s first day of work or one (1) year after the date employment ends, whichever date is later.
For example: If Jane Doe began work on July 13, 2014 and left work on March 15, 2016, her former employer needs to keep her Form I-9 on file until July 13, 2017 because three (3) years from her first day of work is later than one (1) year from the date her employment ended.
