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
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
Enter the hire date
Enter the employee's first day of work for pay.
- 2
Enter the termination date
If employment has ended, enter the separation date; leave blank for current employees.
- 3
Review the retention date
The tool compares hire + 3 years and termination + 1 year and returns the later date.
- 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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