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How long must Form I-9 records be retained?

  1. 2 years after hire date.

  2. 3 years after the date of hire, or 1 year after termination, whichever is greater.

  3. 5 years after the date of hire.

  4. Only until the employee's contract ends.

The correct answer is: 3 years after the date of hire, or 1 year after termination, whichever is greater.

Form I-9 records must be retained for the longer of three years after the date of hire or one year after the employee's termination. This requirement ensures that employers maintain sufficient records to verify the employment eligibility of their employees for a designated period, enabling compliance with federal immigration laws. By retaining these records for at least three years, employers are equipped to respond to any audits or inquiries from the U.S. Citizenship and Immigration Services (USCIS) or other regulatory agencies. Additionally, keeping the records for one year after an employee leaves the company provides an additional safeguard, as it accounts for situations where an employee may return to the workplace or in case further verification of their employment eligibility is needed. This dual requirement highlights the importance of thorough record-keeping in human resources and legal compliance.