Page 35 - Handbook for Employers - Guidance for Completing Form I-9

Part Three

Photocopying and Retaining Form I-9

Employers must retain a Form I-9 for each person hired. system that complies with DHS standards, including
This requirement applies from the date of hire, even if the most commercially available off-the-shelf computer
employment ends shortly after hired, the hired employee programs and commercial automated data processing
never completes work for pay, or never finishes the Form systems. However, the system must not be subject to any
I-9. Once the individual’s employment has terminated, agreement that would restrict access to and use of it by
the employer must determine how long after termination an agency of the United States. (See Electronic Retention of Form
the Form I-9 must be retained, either three years after I-9 on the next page for additional requirements.)
the date of hire, or one year after the date employment is
terminated, whichever is later. Form I-9 can be retained NOTE: Insufficient or incomplete documentation is a
on paper, microform or electronically. violation of section 274A (a)(1)(B) of the INA (8 CFR
Part 274a .2(f)(2)).
To store Form I-9 electronically, you may use any
electronic recordkeeping, attestation, or retention

1. Enter date employee began work for pay:

Add three years to Line 1 A.

2. Termination date:

Add one year to Line 2 B.

Which date is later: A or B? Enter the later date here. C.

Store Form I-9
until this date.

Figure 9: Form I-9 Retention Calculator

Paper Retention of Form I-9 (IER), or U .S. Department of Labor (DOL) officers.

Form I-9 can be signed and stored in paper format with Microform Retention of Form I-9
original handwritten signatures. Simply photocopy or You may retain copies of an original signed Form I-9 on
print a blank Form I-9. Ensure the employee receives the microfilm or microfiche. Only the pages of the Form
instructions for completing the form. When copying or I-9 on which you or the employees enter data must be
printing the paper Form I-9, you may photocopy the two- retained. To do so, you should:
sided form by making either double-sided or single-sided
copies. 1. Select film stock that will preserve the image and
allow its access and use for the entire retention

Only the pages of the Form I-9 on which you or the period, which could be upward of 20 years,
employee enter data must be retained. You may retain depending on the employee and your business.
completed paper forms on-site or at an off-site storage 2. Use well-maintained equipment to create and
facility for the required retention period, as long as you view microfilms and microfiche that provides
are able to present the Form I-9 within three days of an clear viewing, and can reproduce legible paper
inspection request from DHS, the Department of Justice’s copies. DHS officers must have access to clear,
Civil Rights Division, Immigrant and Employee Rights Section readable documents should they need to inspect

31