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SESK: Stuff Everyone Should Know · sesk.info/founder-i9-retention-rule

How long must an employer keep a former employee's Form I-9?

3 years after hire or 1 year after they leave, whichever is later.

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  1. 3 years after hire or 1 year after leaving, if later ✔
  2. 7 years after hire, no matter what
  3. Until the employee's last paycheck clears

Why: Federal rules say keep each Form I-9 for three years after the hire date or one year after the job ends, whichever date comes later. Short jobs mean three years; long jobs mean one year after they leave.

Huh, didn't know that: Forms I-9 may be kept on paper, microfilm, microfiche or electronically.

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References

Answer: 3 years after hire or 1 year after leaving, if later. Federal rules say keep each Form I-9 for three years after the hire date or one year after the job ends, whichever date comes later. Short jobs mean three years; long jobs mean one year after they leave.

  1. USCIS Handbook for Employers M-274, 10.0 Retaining Form I-9 www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/100-retaining-form-i-9
    three years after the date of hire, or one year after the date employment ends, whichever is later
    Checked 2026-10-11.

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