If you hire anyone in the United States, you need to complete and store I-9 forms the right way to check employee eligibility to work.
You have to keep I-9 forms for three years after the hire date or one year after termination, whichever comes later.
Store them separately from personnel files so you can grab them fast if there’s an inspection. Messing up these rules can mean big fines and headaches for your business.
ICE has really stepped up workplace compliance enforcement.
Lots of employers feel confident about I-9 rules, but common slip-ups—like putting forms in the wrong file or using old versions—can cost you.
If you want to protect your business, it helps to know the basics: how to fill out forms, how to store them, and how to get ready for a surprise audit.
This guide covers the essentials and some practical tips to keep you prepared.
Key Takeaways
- Fill out I-9 forms within three days of hire and keep them separate from personnel files
- Hold onto I-9s for three years after hire or one year after termination, whichever is longer
- Regular audits and good staff training make inspections less stressful and help you avoid penalties
I-9 Completion and Retention Essentials
Managing I-9s well means using the current form, fixing mistakes the right way, storing documents for the right amount of time, and keeping I-9s away from general personnel files.
These four habits go a long way in protecting your company from compliance issues.
Current Form I-9 Requirements
Always use the latest version of Form I-9 for new hires.
Right now, the form is dated 10/21/2019 and expires 10/31/2026.
Section 1 is for the employee to fill out on or before their first day.
They’ll enter basic info like their name, address, and citizenship status.
Section 2 is yours to complete within three business days of their start date.
You have to look at original documents that show their identity and work authorization in person.
Section 3 only matters if someone’s work authorization expires.
Fill it out by the expiration date listed in Section 1.
Don’t tell employees which specific documents to bring.
They get to pick from the I-9’s Lists of Acceptable Documents.
Remote verification is sometimes okay, but you have to follow special steps.
Correcting I-9 Errors and Documentation
Fix any mistakes on Form I-9 as soon as you spot them.
Cross out the error with a single line, write the correct info next to it, and don’t forget to initial and date your correction.
Skip the correction fluid.
Don’t black out anything.
Common mistakes you might find:
- Missing signatures or dates
- Employee info left blank
- Wrong document numbers
- Expired documents
If Section 1 has a mistake, the employee needs to fix it.
For Sections 2 or 3, you make the corrections.
If you find a lot of errors or something major, just fill out a new Form I-9.
Attach it to the original and keep both.
If an employee explains a discrepancy, jot down a note right on the form or on a separate sheet.
Retention Periods and Storage Protocols
You need to keep completed I-9s for three years after hire or one year after employment ends, whichever is later.
For example: If someone started January 1, 2022 and left December 31, 2023, you’d keep their I-9 until January 1, 2025.
Store I-9s in a secure spot with limited access.
Electronic storage works too, as long as you can print clear copies if someone asks.
Back up electronic files often.
Make sure your system doesn’t let anyone secretly change completed forms.
Set up a system to track when to destroy old forms.
Check files every year to see what can be tossed.
If ICE asks for I-9s, you have three business days to produce them.
Make sure you know how to find them quickly.
Separation from Personnel Files
Keep I-9 forms out of personnel files.
Federal law actually requires this.
Set up separate files for I-9s, either by employee name or by hire date.
Don’t mix them with reviews, applications, or other HR paperwork.
Some good ways to store I-9s:
- Their own filing cabinets
- Separate electronic folders
- Different physical locations
Some companies sort I-9s by year.
Others go alphabetically by last name.
Train your HR team so they know how to keep these files apart.
If you mix them up, audits get messy and risky.
You can note in personnel files that you completed the I-9, but don’t put the form itself there.
Just keep a date or checklist in the regular HR file.
Best Practices for Compliance and Enforcement Preparation
If you want to avoid penalties and keep things running smoothly during enforcement visits, it’s smart to stay prepared.
Focus on regular internal audits, clear staff training, and using electronic systems that actually work.
Conducting Internal I-9 Audits
Try to audit your I-9s regularly so you can catch problems before anyone else does.
ICE likes to see employers making good faith efforts.
Here’s what to do when you audit:
- Use the latest Form I-9 (right now, that’s dated 01/20/25)
- Check every section for missing info or mistakes
- Make sure both the employee and employer signatures are there
- Confirm all documents are listed properly
Don’t backdate anything if you correct a form.
Cross out errors, fix them, initial, and use today’s date.
If you need to explain a change, attach a memo.
Store I-9s away from personnel files so you can grab them fast if needed.
This also keeps things private and makes audits go faster.
Staff Training and Communication
Managers and HR staff need proper training on I-9 rules and what to do if ICE shows up.
Frontline managers usually meet ICE first during a visit.
Training should include:
- How to verify documents fairly
- How to fill out each I-9 section
- What to do if enforcement arrives
- How to talk to employees about it
Teach staff to check documents by the book, not by how someone looks or sounds.
That helps you avoid discrimination problems and keeps things fair.
Pick a few employees to handle enforcement visits.
They should know how to ask for a warrant, call your lawyer, and write down everything that happens.
Electronic and Remote I-9 Verification
If you use electronic I-9s, your system has to meet federal rules—secure signatures, full audit trails, and all that.
Your system needs to show who filled out each section and when.
You’ll need:
- Secure storage with backups
- Audit trails showing every change
- Digital signatures that actually count
- Access controls so only the right people can see forms
Remote I-9 verification is only for employers who use E-Verify.
You have to do a live video check and keep copies of all documents.
For remote hires, check documents during a video call.
Store digital copies and make sure your E-Verify account stays active.
Frequently Asked Questions
Employers usually have questions about how long to keep I-9s, how to get rid of them, and how to prep for audits.
Electronic recordkeeping has its own set of rules, and remote employee verification needs careful documentation.
How long must an employer retain Form I-9 after an employee leaves the company?
Keep I-9s for three years after someone is hired or one year after they leave—whichever date is later.
This applies to everyone, no matter their work status.
Say you hire someone on January 1, 2022, and they quit December 31, 2022.
You’d keep their I-9 until January 1, 2025, since the three-year rule wins.
If someone works five years and then leaves, only keep their I-9 for one more year after they go.
Always use the longer period.
What are the steps for proper I-9 form retention and disposal?
Store I-9s safely, away from other HR files.
You can keep them together or sort by department.
Once the retention time is up, destroy the forms completely.
Shred paper and delete electronic copies everywhere, including backups.
Keep a log of when you destroy forms and whose they were.
This shows you’re following the rules.
Are there any specific I-9 compliance requirements for electronic recordkeeping?
Your electronic I-9 system should block unauthorized access and changes.
It needs an audit trail for every time someone views or edits a form.
You have to be able to print clear copies for inspections.
Don’t use a system that makes the forms unreadable.
You need to pull up and print any I-9 within three business days if you get audited. Policy changes mean you should always be ready.
What documentation is required for I-9 verification for remote employees?
Remote employees have to show original documents on a video call for Section 2.
Don’t accept scans or copies at first.
If a video call isn’t possible, use an authorized representative where the employee is.
That person must be an adult who can check documents in person.
Write down how you verified the documents and who was involved.
Include dates, times, and everyone’s names in your records.
In the event of an audit, what I-9 information must an employer be able to produce?
You need to hand over all I-9s for current employees and anyone within the retention period.
Government agents can ask for specific people or everyone.
Get the forms to them within three business days.
If you’re late, you could still get penalized even if the forms are perfect.
Include any extra paperwork, like receipt notices for expired documents.
Organize files so names and dates are easy to spot.
How should corrections be handled on a Form I-9, and what is the impact on retention?
If you spot a mistake, just draw a single line through the wrong info.
Write the correct details close by.
Make sure you initial and date each correction you make.
Don’t use correction fluid or black out anything, since people need to see the original info for audits.
Fixing mistakes doesn’t change how long you keep the form.
Stick with the usual three-year or one-year rule, depending on when you hired the person.