Compliance Tools Library

I-9 Retention Date Calculator

Calculate how long to keep a Form I-9 — three years after hire or one year after termination, whichever is later.

Reviewed by theComplianceToolsLibrary Editorial Team · Last updated

⚠ Disclaimer: This tool is for informational purposes only and does not constitute legal advice. Consult a qualified attorney or HR professional for guidance specific to your situation.
Employment dates

Leave blank for a current employee.

Key facts

Retention rule
3 years after the date of hire OR 1 year after employment ends — whichever is later
For current employees
Keep the I-9 for the entire period of employment
What you need
The hire date and, if applicable, the termination date
Storage
Keep I-9s separate from personnel files for easy purging

How long must you keep a Form I-9?

Employers must retain a completed Form I-9 for as long as the person works for them, and then for a set period after they leave. The rule is to keep it for three years after the date of hire, or one year after the date employment ends — whichever date is later.

In practice, you compare two dates: hire date plus three years, and termination date plus one year. The later of those two is the earliest date you may destroy the I-9. Calculating and calendaring this date lets you purge old forms on schedule and shrink the pool of records exposed in an audit.

How to use this tool

  1. 1

    Enter the hire date

    Enter the employee's first day of work for pay.

  2. 2

    Enter the termination date

    If employment has ended, enter the separation date; leave blank for current employees.

  3. 3

    Review the retention date

    The tool compares hire + 3 years and termination + 1 year and returns the later date.

  4. 4

    Calendar the purge date

    Note the date you may destroy the form, and store I-9s where you can pull them by that date.

Common mistakes to avoid

  • Destroying an I-9 three years after hire without checking the one-year-after-termination date.
  • Purging forms for employees who are still employed.
  • Storing I-9s inside personnel files, which complicates timely destruction.
  • Failing to track termination dates needed to calculate the retention date.

What to do next

  • Calendar the calculated destruction date for each separated employee.
  • Store I-9s separately so they can be purged on schedule.
  • Run periodic internal I-9 audits before destroying forms.
  • Confirm completion timing with the I-9 Compliance Checklist.

Sources

Frequently asked questions

How long do I have to keep a Form I-9?

Three years after the date of hire or one year after employment ends, whichever is later.

How do I calculate the I-9 retention date?

Compare the hire date plus three years with the termination date plus one year; the later date is when you may destroy the form.

Can I destroy an I-9 while the employee still works here?

No. You must keep the I-9 for the entire period of employment.

Where should I store completed I-9s?

Separately from personnel files, so you can retrieve and purge them by their retention dates.

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