Regarding I-9 retention, the law states that an employer must retain an employee’s Form I-9 for “three years after the date of hire or one year after the date of the individual’s employment is terminated, whichever is later.” Put simply, the retention period for an I-9 only comes into play after the employment is terminated, for whatever reason. The USCIS has released the M-274 Handbook for Employers in an attempt to clear up confusion. Automating the process of I-9 retention is, perhaps, one of the best ways to ensure compliance. Electronic I-9 software calculates the retention period for the employer and enforces the retention rules with regards to both new “electronic” I-9s generated within the software, as well as “historical” paper or electronic I-9s that have been migrated into the platform.
